I  <Lrnj 


...y    Liuianes 

Ordinances  pass 
Conf  Pam  #820 


v^assa&n/ 


State   Convention — Ad.    Ses.]                 [February, 

1862. 

Ordered  to  be  Printed. 

John  W.  Syme,  Printer  to  the  Convention. 

ORDINANCES  PASSED  BY  THE  STATE  CONVENTION 
AT  ITS  SECOND  ADJOURNED  SESSION. 


[No.  1.]. 
AN  ORDINANCE    TO    AUTHORIZE  THE  GOVERNOR 
TO  EMBODY    THE    MILITIA    FOR    THE  DEFENCE 
OF  THE  STATE. 

Be  it  ordained  by  the  Delegate*  of  the  people  of  North  Caro- 
lina, in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  for  the  emergency  mentioned  in 
his  message  of  to-day,  the  Governor  of  the  State  is  hereby 
authorized  to  order  out  such  portions  of  the  militia,  as  he  may 
deem  necessary  to  repel  the  invasion  of  the  State. 

Read  three  times  and  passed  on  the  21st  day  of  Jan.,  1862. 

W.  N.  EDWARDS, 
Teste:  .  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  2.] 
AN  ORDINANCE    TO    MODIFY    AND    PERFECT   AN 
ORDINANCE  PASSED  AT  THE  LAST  SESSION  OF 
THE  CONVENTION,  ENTITLED   "AN  ORDINANCE 


2  State  Convention.         [Feb., 

TO  PROVIDE  FOR  THE  RAISING  OF  MONEY  FOR 
THE  SUPPORT  OF  GOVERNMENT,  AND  FOR  THE 
ISSUE  OF  TREASURY  NOTES  FOR  THE  PURPOSE 
OF  PAYING  THE  PUBLIC  DEBT  AND  PURCHAS- 
ING SUPPLIES  FOR  THE  MILITARY  FORCES  EM 
PLOYED  FOR  DEFENCE  IN  THE  PRESENT  WAR, 
AND  FOR  OTHER.  PURPOSES. 

1.  Be  it  ordained  by  the  delegates  of  the  people  of  North 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  so  much  of  the  ordinance  passed 
at  the  last  session  of  this  Convention,  entitled  "  An  Ordinance 
to  provide  for  the  raising  of  money  for  the  support  of  Govern- 
ment and  for  the  issue  of  Treasury  notes  for  the  purpose  of 
paying  the  public  debt,  and  purchasing  supplies  for  the  military 
forces  employed  for  defence  in  the  present  war,  and  for  other 
purposes,  as  provides  for  the  Treasury  notes  therein  provided 
for,  to  bear  interest  from  date,  be  rescinded  and  annulled  : 
Provided,  That  this  ordinance  shall  not  operate  on  the  notes 
issued  before  the  passage  of  this  ordinance. 

2.  Be  it  further  ordained,  That  the  said  ordinance  be  so 
amended  as  to  provide  and  require  that  the  whole  of  the  Treas- 
ury notes  hereafter  to  be  issued  under  the  provision  of  said 
ordinance,  one-half  shall  be  issued  of  the  denominations  of  five 
dollars,  one-fourth  of  the  denominations  of  ten  dollars,  and  the 
other  fourth  of  the  denominations  of  twenty  dollars,  and  in  the 
course  of  issuing  the  said  notes,  from  time  to  time,  the  said  rel- 
ative proportions  shall  be  observed  as  near  as  may  be. 

Passed  and  ratified  in  open  Convention,  25th  day  of  January, 
18G2. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Ed\vards;  Ass't  Secretary. 


1862.]  State  Convention.  3 

[No.  3.] 

A  RESOLUTION  AUTHORIZING  WM.  B.  GULICK  TO 

USE  CENSUS  RETURNS. 

Resolved,  That  the  Secretary  of  State  be  authorized  to  al- 
low Wm.  B.  Gulicfc  to  use,  cither  in  or  out  of  his  office,  for 
two  months,  the  Census  Returns  of  1860,  or  until  they  shall 
be  called  for  by  an  authorized  agent  of  the  Government  of  the 
Confederate  States  :  Provided  the  same  be  not  removed  from 
the  City  of  Raleigh. 

Passed  and  ratified  in  open  Convention  the  25th  day  of  Jan- 
uary, A.  D.,  1862. 

W.  N.  EDWARDS, 
;Teste  ;  Prcs.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary, 


[No.  4.] 

AN  ORDINANCE  TO  RATIFY  AND  CONFIRM  THE 
ACTS  AND  JUDICIAL  PROCEEDINGS  OF  THE 
SUPERIOR  COURTS  LATELY  HELD  BY  HIS  HON 
OR,  JUDGE  FRENCH,  IN  THE  COUNTIES  OF  HEN 
DERSON,  BUNCOMBE,  MADISON  AND  YANCEY. 

Whereas.  The  Superior  Courts  for  the  counties  of  Hender- 
son, Buncombe,  Madison  and  Yancey,  at  the  Fall  Terms  there- 
of were,  by  mistake,  held  at  the  wrong  time ;  and  whereas, 
pleas  were  filed,  judgments  rendered,  recognizances  entered 
into,  judgments  found,  ami  various  other  acts  were  done  by 
said  courts : 

1.  Be  it  ordained  by  the  Delegate*  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  herein/  ordained  by 
the  authority  of  the  same,  That  the  said  pleas,  judgments,  rc- 
coLrmzances,  indictments,  and  all   other  judicial   proceedings, 


4  State  Convention.  [Feb., 

which  were  rendered,  entered  and  found  at  the  terms  of  the 
courts  aforesaid,  are  hereby  made  valid,  and  in  all  things  rati- 
fied and  confirmed. 

2.  Be  it  further  ordained,  That  the  Courts  of  Pleas  and 
Quarter  Sessions  to  be  held  hereafter  for  the  counties  of  Hen- 
derson, Buncombe,  Madison,  Yancey  arid  Polk,  at  the  Fall 
Terms,  be  held  at  the  following  times,  viz  :  Henderson,  on  the 
second  Monday  after  the  fourth  Monday  in  September  ;  Bun- 
combe, on  the  third  Monday  after  the  fourth  Monday  in  Sep- 
tember ;  Madison,  on  the  fourth  Monday  after  the  fourth  Mon- 
day in  September ;  Yancey,  on  the  fifth  Monday  after  the 
fourth  Monday  in  September  ;  and  Polk  on  the  twelfth  Monday 
after  the  fourth  Monday  in  September  in  each  and  every  year. 
This  section  to  continue  in  force  until  the  same  may  be  re- 
pealed by  act  of  the  Legislature  or  otherwise. 

Passed  and  ratified  in  open  Convention  the  27th  day  of  Jan- 
uary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.   5.] 

AN  ORDINANCE  TO  ABROGATE  THE  FOURTH 
SECTION  OF  AN  ACT  OF  THE  LEGISLATURE  OF 
THE  STATE  OF  NORTH  CAROLINA,  PASSED  AT 
THE  LAST  EXTRA  SESSION,  ENTITLED  "AN 
ACT  ENTITLED  REVENUE." 

Be  it  ordained  by  the  Delegates  of  the  people  of  North  Caro- 
lina in  Convention  assembled,  and  it  is  hereby  ordained  by  the. 
authority  of  the  same,  That  the  fourth  section  of  an  act  of  the 
last  extra  session   of    the   General  Assembly  of  the  State  of 


1862.]  .  State  Convention.  5 

North  Carolina,  entitled    "  An  Act  entitled  Revenue,''  be.  and 

the  same  is  hereby  annulled  and  abrogated. 

Passed  and  ratified  in  open  Convention  the  30th  day  of  Jan 

uary,  A.  D.,  1862. 

W.  N.  EDWARDS, 

Teste  :  Pros,  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Ass't  Secretary. 


[No.  6.] 
AN    ORDINANCE    TO    ENCOURAGE     THE    MINING 
AND  MANUFACTURING   OF    SALT  IN  THE  INTE- 
RIOR OF  THIS  STATE. 

Whereas,  It  is  of  great  importance  to  manufacture  Salt  in 
the  interior  of  this  State  :  and  whereas,  a  company  has  been 
incorporated  under  the  name  and  style  of  "The  Chatham  Salt 
Mining  and  Manufacturing  Company,"  which  is  operating  for 
that  purpose  in  the  county  of  Chatham  ;  therefore, 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  8flWW«,  That  the  President  and  operatives  of 
said  company,  to  the  number  of  six,  be,  and  they  are  hereby 
exempted  from  militia  duty,  for  the  space  of  six  months,  ex- 
cept in  case  of  invasion,  insurrection,  or  upon  a  requisition  for 
troops  by  the  President  of  the  Confederate  States. 

2.  Be  it  further  ordained,  That  said  company  may  increase 
its  capital  stock  to  an  amount  not  exceeding  ten  thousand  dollars. 

3.  Be  it  further  ordained,  That  the  capital  stock  of  said 
company  be  exempted  from  taxation  for  six  months. 

Passed  and  ratified  in  open  Convention  the  30th  day  of  Jan- 
uary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste :  ■  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edavards,  Ass't  Secretary. 


6  State  Convention.  [Feb., 

[No.  7.] 

AN  ORDINANCE  IN  ADDITION  TO  AND  AMEND- 
MENT OF  AN  ACT  OF  THE  GENERAL  ASSEMBLY. 
RATIFIED  THE  15th  DAY  OF  FEBRUARY,  1861. 
ENTITLED  "AN  ACT  TO  INCORPORATE  THE 
CHATHAM  RAILROAD  COMPANY,"  AND  TO  RE- 
PEAL AN  ACT  SUPPLEMENTAL  THERETO,  RAT- 
IFIED THE  23rd  DAY  OF  FEBRUARY,  1861. 

1.  Be  it  ordained  bij  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  section  first  of  an  act  of  the 
General  Assembly,  ratified  the  fifteenth  day  of  February,  one 
thousand  eight  hundred  and  sixty-one,  entitled  "  An  Act  in- 
corporating the  Chatham  Railroad  Company,"  be  amended  by 
inserting  after  the  words,  "  from  the  Coalfields,  in  the  county 
of  Chatham,  through  said  county,"  the  words,  connect  with  the 
North  Carolina  Railroad  at,  so  as  to  make  the  section  read, 
"  tov  connect  with  the  North  Carolina  Railroad  at  Raleigh,  or 
some  point  Avest  of  Raleigh  not  exceeding  twelve  miles." 

2.  Be  it  further  ordained,  That  the  proviso  in  section  four 
of  said  act  of  the  General  Assembly  be  stricken  out. 

3.  Be  it  further  ordained,  That  an  act  of  the  ^General  As- 
sembly, ratified  on  the  twenty-third  day  of  February,  one 
thousand  eight  hundred  and  sixty-one,  entitled  u  An  Act  sup- 
plemental to  an  act  passed  at  the  present  session  of  the  Gen- 
eral Assembly,  entitled  an  act  to  incorporate  the  Chatham 
Railroad  Company,"  be,  and  the  same  is  hereby  repealed  and 
abrogated. 

4.  Be  it  further  ordained,  That  all  such  solvent  corpora- 
tions as  may  or  shall  subscribe  to  the  capital  stock  of  the  said 
Chatham  Railroad  Company,  may  make  their  bonds  payable  to 
the  Public  Treasurer  of  the  State  of  North  Carolina  for  the 
amount  of  their  subscriptions  to  said  capital  stock,  and  no  more  ; 
which  said  bonds  are  to  be  signed  by  the  Presidents,  and  under 
the  seals  respectively  of   said   corporations,  and  made  for  any 


1862.]  State  Convention.  7 

sums  not  under  five  hundred  dollars  each,  to  bear  interest  at 
the  rate  of  six  per  cent,  per  annum,  which  interest  is  to  be 
paid  semi-annually,  to-wit :  the  first  Monday  in  January  and 
July  in  each  and  every  year  ;  and  the  principal  of  said  bonds 
to  be  made  payable  twenty  years  after  date  ;  and  these  bonds, 
so  authorized  to  be  made,  may  be  deposited  with  the  Public 
Treasurer  of  the  State,  who  shall  then  issue  and  deliver  to  the 
several  corporations  so  subscribing  and  depositing  their  bonds, 
as  aforesaid,  the  coupon  bonds  of  the  State  of  North  Carolina, 
to  the  amount  of  their  subscriptions  respectively,  and  made 
for  the  sums  of  five  hundred  dollars  and  one  thousand  dollars, 
to  bear  interest  at  the  rate  of  six  per  cent,  per  annum,  which 
interest  is  to  be  paid  semi-annually,  on  the  first  Monday  in 
January  and  July  in  each  and  every  year,  and  the  principal  of 
said  bonds  to  be  made  payable  twenty  years  after  date:  Pro- 
vided,  That  said  bonds  shall  not  exceed,  in  the  aggregate,  the 
sum  of  eight  hundred  thousand  dollars  ;  and  Provided,  also, 
That  said  Chatham  Railroad  Company  shall  execute  and  deliv- 
er to  the  Governor  of  the  State  of  North  Carolina  a  deed  of 
mortgage  under  the  seal  of  said  company,  wherein  and  where- 
by shall  be  conveyed  to  the  Governor  and  his  successors  in 
office,  for  the  use  and  benefit  of  the  State,  all  the  estate,  both 
real  and  personal,  belonging  to  said  company,  or  in  any  man- 
ner pertaining  to  the  same,  conditioned  for  indemnifying  and 
saving  harmless  the  State  of  North  Carolina  from  the  payment 
of  the  whole  or  any  part  of  the  bonds  of  the  State,  authorized 
by  this  ordinance  to  be  made  by  the  Public  Treasurer,  and  de- 
livered to  the  several  corporations  subscribing  as  aforesaid  to 
the  capital  stock  of  said  Chatham  Railroad  Company.  In  ad- 
dition to  the  deed  of  mortgage,  hereinbefore  required  to  be  ex- 
ecuted and  delivered  by  the  Chatham  Railroad  Company,  the 
State  of  North  Carolina  shall,  by  this  ordinance,  have  a  lein 
upon  the  estate,  both  real  and  personal,  of  said  company,  which 
they  may  now  have  or  may  hereafter  acquire,  to  secure  the 
principal  and  interest  of  the  bonds  of  this  State  authorized  to 
be  issued  as  aforesaid. 


8  State   Convention.  [Feb., 

5.  Be  it  further  ordained,  That  said  bonds  of  the  State,  so 
made  by  the  Public  Treasurer,  shall  be  received  by  the  said 
Chatham  Railroad  Company  in  payment  of  subscriptions  made 
as  aforesaid  by  such  corporations  to  the  capital  stock  of  said 
Chatham  Railroad  Company. 

C.  Be  it  further  ordained,  That  said  corporations  so  sub- 
scribing and  depositing  their  bonds  as  aforesaid  with  the  Treas- 
urer of  the  State,  shall  be  allowed  to  redeem  their  bonds  at  any 
time  before  maturity,  in  the  currency  of  the  State,  on  giving 
thirty  days  notice  to  the  Treasurer  of  this  State  of  their  in- 
tention so  to  do. 

7.-  Be  it  further  ordained,  That  the  said  railroad  may  be 
constructed  with  termini  at  any  point  or  points  in  the  said 
Coalfields  region  that  the  stockholders  in  said  company  may 
agree  upon  with  the  approbation  of  the  Board  of  Internal  Im- 
provements. 

8.  Be  it  further  ordained,  That  the  corporate  authorities  of 
incorporated  towns  subscribing  to  the  capital  stock  of  said 
Chatham  Railroad  Company,  in  order  to  provide  for  the  pay- 
ment of  their  subscriptions,  and  of  the  principal  and  interest 
of  bonds  for  that  purpose,  by  them  issued,  shall  have  authority 
to  lay  and  collect  taxes  from  all  subjects,  which,  under  the 
charters  of  said  towns,  are  taxable. 

9.  <Be  it  further  ordained,  That  the  solvency  of  such  cor- 
porations as  may  desire  to  subscribe  to  the  capital  stock  of  said 
Chatham  Railroad  Company  shall  be  judged  of  by  the  Board 
of  Internal  Improvements. 

10.  Be  it  further  ordained,  That  all  laws  and  parts  of  laws, 
all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
ordinance,  are  hereby  repealed  and  abrogated. 

Passed  and  ratified  in  open  Convention  the  80th  day  of  Jan- 
uary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  pves<  0f  Convention. 

Waltek  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


1862.]  State  Convention.  9 

[No.  8.] 

AN  ORDINANCE  TO  INCORPORATE  THE  PIEDMONT 

RAILROAD  COMPANY. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the,  authority  of  the  same,  That  a  company  by  the  name  and 
style  of  the  "Piedmont  Railroad  Company,"  be,  and  the  same 
is  hereby  incorporated,  with  a  capital  stock  of  fifteen  hundred 
thousand  dollars,  divided  into  shares  of  one  hundred  dollars 
each,  for  the  purpose  of  constructing  a  railroad  on  the  best, 
cheapest,  most  direct  and  practicable  route  from  the  Richmond 
and  Danville  Railroad  to  the  North  Carolina  Railroad. 

2.  Be  it  further  ordained,  That  for  the  purpose  of  creating 
the  capital  stock  of  said  company,  the  following  persons  be, 
and  they  are  hereby  appointed  general  commissioners  :  Wm. 
T.  Sutherlin,  of  Danville  ;  William  P.  Watt,  John  H.  Dillard, 
George  D.Boyd  and  William  B.  Carter,  of  Rockingham  ;  Phil. 
Barrow,  John  F.  Poindextcr  and  A.  J.  Stafford,  of  Forsyth 
county  ;  William  A.  Lash,  John  J.  Martin  and  James  Riason, 
of  Stokes  county ;  Jesse  H.  Lindsay,  Levi  M.  Scott  and 
Ralph  Gorrell,  of  Guilford  county  ;  Bedford  Brown,  Thomas 
D.  Johnston,  Allen  Green  and  Montford  McGee,  of  Caswell 
county ;  Giles  Mebane,  Jesse  Gant  and  Eli  F.  Watson,  of 
Alamance  ;  John  W.  Cunningham,  Edwin  G.  Read  and  Thos. 
McGee,  of  the  county  of  Person  ;  William  Johnston,  of  the 
town  of  Charlotte  ;  James  C.  Turrentine  and  Wm.  F.  Stray- 
horn,  of  the  county  of  Orange  ;  Benjamin  A.  Kittrell,  of  the 
town  of  Lexington  ;  H.  C.  Jones,  Sr.,  of  Salisbury  ;  Jonathan 
Worth,  of  the  town  of  Ashboro' ;  Wm.  P.  Taylor,  of  Pitts- 
boro' ;  whose  duty  it  shall  be  to  direct  the  opening  of  books 
for  subscriptions  of  stock  at  such  times  and  places,  and  under 
such  persons  as  they,  or  a  majority  of  them,  may  deem  proper, 
and  in  the  mean  time  it  ahall  and  may  be  lawful  for  books  of 
subscriptions  to  said  stock  may  be  opened  in  the  town  of  Char- 
lotte under  the  direction  of  John  A.  Young,  Wm.  Johnston  and 

2 


10  State  Convention.  [Feb.^ 

James  W.  Osborne,  or  any  one  of  them;  in  Concord,  under 
the  direction  of  V.  M.  Barringer,  Caleb  Phifer  and  Daniel 
Coleman,  or  any  one  of  them ;  in  Salisbury,  under  the  direc- 
tion of  Nathaniel  Boyden,  N.  N.  Fleming,  J.  I.  Shaver,  or 
any  one  of  them  ;  at  Lexington, -under  the  direction  of  Wm. 
R.  Holt,  John  P.  Mabrey  and  Samuel  Hargrove,  or  any  one  of 
them  ;  at  High  Point,  under  the  direction  of  W.  F.  Bowman, 
Dr.  Robert  Lindsay  and  Nathan  Hunt,  or  any  one  of  them  ; 
at  Greensboro',  under  the  direction  of  James  Sloan,  Jed.  II. 
Lindsay  and  J.  A.  Long,  or  any  one  of  them ;  at  Salem,  under 
the  direction  of  D.  H.  Starbuck,  J.  G.  Lash,  Francis  Fries 
and  C.  L.  Bonner,  or  any  one  of  them  ;  at  Danbury,  under 
the  direction  of  Nathaniel  Moody,  A.  H.  Joyce  and  S.  Taylor, 
or  any  one  of  them  ;  at  Graham,  under  the  direction  of  Thos. 
Ruffin,  Jr.,  John  Trollinger  and  Edward  Holt,  or  any  one  of 
them  ;  at  Roxboro',  under  the  direction  of  Chas.  Winstead, 
Dr.  C.  H.  Jordan  and  Green  Williams,  or  any  one  of  them  ; 
at  Yanceyville,  under  the  direcfion  of  John  Kerr,  Dr.  N.  M. 
Roan  and  Thomas  W.  Graves,  or  any  one  of  them ;  at  Milton, 
under  the  direction  of  Samuel  Watkins,  John  Wilson  and 
Thomas  Donaho,  or  any  one  of  them  ;  at  Wentworth,  under 
the  direction  of  John  W.  Ellington,  W.  M.  Ellington  and  3. 
J.  Low,  or  any  one  of  them  ;  at  Madison,  under  the  direction 
of  Wm.  L.  Scales,  Joseph  H.  Cardwell  and  Nicholas  Dalton, 
or  any  one  of  them;  at  Leaksville,  under  the  direction  of  Geo. 
L.  Aiken,  Jones  W.  Burton  and  E.  T.  Brodnax,  or  any  one  of 
them  ;  at  High  Rock,  under  the  direction  of  Francis  L.  Simp- 
son, Dr.  R.  H.  Scales  and  George  W.  Garret,  or  any  one  of 
them  ;  at  Danville,  Va.,  under  the  direction  of  William  T. 
Sutherlin,  James  M.  Williams  and  Dr.  T.  P.  Atkinson,  or  any 
one  of  them  ;  at  Hillsboro',  under  the  direction  of  J.  C.  Tur- 
rentine,  Henry  K.  Nash  and  W.  F.  Strayhorn,  or  any  one  of 
them  ;  and  in  the  city  of  Richmond,  Va.,  under  the  direction 
of  A.  Y.  Stokes,  Lewis  E.  Harvey  and  Thomas  N.  Brock en- 
brough,  or  any  one  of  them  ;  and  said  commissioners  shall  have 
power  to  appoint  a  Chairman  of  their  body,  Treasurer,  and  all 


1862.]  State  Convention.  11 

other  officers  their  organization  may  require,  and  sue  for  and 
recover  all  sums  of  money  that  ought,  under  this  ordinance,  to 
be  recovered  by  them  in  the  name  of  said  corporation. 

3.  Be  it  further  ordained,  That  all  persons  who  are,  by  this 
ordinance  authorized,  or  who  may  be  hereafter,  by  the  general 
coommissioners,  authorized  to  open  books  of  subscription,  may 
do  so  at  any  time  after  the  passage  of  this  ordinance,  upon 
giving  twenty  days  notice  of  the  time  and  place  when  said 
books  shall  be  opened,  and  said  books  shall  be  kept  open  for 
the  space  of  thirty  days,  at  least,  and  as  long  thereafter  as  the 
general  commissioners  shall  direct  :  and  that  all  subscriptions 
of  stock  shall  be  in  shares  of  one  hundred  dollars,  the  subscri- 
ber paying,  at  the  time  he  makes  his  subscription,  five  dollars 
on  each  share  by  him  subscribed,  to  the  person  or  persons  au- 
thorized to  receive  such  subscriptions  ;  and  upon  closing  the 
books,  all  such  sums  as  shall  have  thus  been  received  of  sub- 
scribers, on  the  first  cash  instalment,  shall  be  paid  over  to  the 
genera]  commissioners,  by  the  persons  receiving  the  same,  and 
in  case  of  failure  to  pay,  as  aforesaid,  such  person  or  persons, 
receiving  laid  money,  shall  be  personally  liable  to  said  general 
commissioners,  before  the  organization  of  said  company,  and 
to  the  company  itself,  after  the  organization,  to  be  recovered 
within  the  Superior  Courts  of  Law  within  this  State,  in  the 
county  Avherc  such  delinquent  resides,  or  if  he  resides  in  an- 
other State,  then,  in  any  court  in  such  State  having  competent 
jurisdiction.  The  general  commissioners  shall  have  power  to 
call  on  and  require  all  persons  empowered  to  receive  subscrip- 
tions of  stock,  at  any  time,  and  from  time  to  time,  as  a  major- 
ity of  them  may  think'  proper,  to  make  return  of  the  stock  by 
them  respectively  received,  and  to  make  payment  of  all  sums 
of  money  paid  by  subscribers  ;  that  all  persons  receiving  sub- 
scriptions of  stock  shall  pass  a  receipt  to  the  subscriber  or  sub- 
scribers for  the  payment  of  the  first  instalment,  as  heretofore 
required  to  be  paid,  and  upon  their  settlement  with  the  general 
commissioners  as  aforesaid,  it  shall  be  the  duty  of  said  general 
commissioners,  in  like   manner,  to  pass  their  receipts  for  all 


12  State  Convention.  [Feb., 

sums  thus  received  to  the  persons  from  whom  received,  aud  such 
receipts  shall  be  taken  and  held  to  be  good  and  sufficient  vouch- 
ers to  persons  holding  them ;  that  subscriptions  of  stock  may 
be  received  as  aforesaid  or  as  hereafter  provided  for,  to  the 
amount  of  fifteen  hundred  thousand  dollars. 

4.  Be  it  further  ordained.  That  it  shall  be  the  duty  of  said 
general  commissioners  to   direct  and   authorize  said  books  of 
subscription  to  be  kept  open  until  the  sum  of  one  hundred  thou- 
sand dollars,  at  least,  shall  be  subscribed  in  the  manner  afore- 
said, and  as  soon  as  the  said  sum  of  one  hundred  thousand 
dollars,  or  upwards,  shall  be   subscribed  in  manner  aforesaid, 
and  the  sum  of  five  dollars  on  each  share  paid  as  aforesaid,  the 
subscribers  to  said  stock  shall  be,  and  they  are  hereby  declared 
to  be  a  body  politic,  and  corporate  in  fact  and  in  law,  by  the 
name  and  style  of  the  "  Piedmont  Railroad  Company,"  with  all 
the  corporate  powers  and  authority  thereby  created  and  granted, 
to  be  held  and  exercised  by  said  company  and  their  successors 
and  assigns,  in  perpetuity,  and  by  that  name  shall  be  .capable, 
in  law  and  in  equity,  to  purchase,  hold,  lease,  rent,  sell  or  con- 
vey estates,  real  and  personal,  and  to  acquire  the  same  by  gift, 
devise  or  otherwise,  so  far  as  shall  be  necessary  for  the  purposes 
embraced  within  the  scope,  object  and  intent  of  this  charter, 
and  shall  have  perpetual  succession  and  a  common  seal,  which 
may  use,  alter  or  renew  at  pleasure,   and  by  their  corporate 
name,  may  sue  and  be  sued,  plead  and  be  impleaded,    in  any 
court  of  law  in  this  State  or  any  other  State  ;  and  shall  have, 
possess  and  enjoy,  all  rights,  privileges  and    immunities  which 
railroad  corporate   bodies  may  and  of  right   do    exercise,  and 
may  make  such  by-laws,  rules  and  regulations  as  are    necessa- 
ry for  the  government   of  the    corporation,  or  for  effecting  the 
object  for  which  it  is  created,  not   inconsistent  with  the  laws 
of  this  State  or  of  the  Confederate  States  of  A  merica. 

5.  Be  it  further  ordained,  That  as  soon  as  the  sum  of  one 
hundred  thousand  dollars  or  upwards  shall  be  subscribed,  as 
aforesaid,  it  shall  be  the  duty  of  the  general  commissioners  to 
appoint  a  time   for  the  stockholders  to  meet  in  the  town  of 


1862.]  State  Convention.  13 

Greensboro,  in  the  county  of  Guilford,  which  they  shall  cause 
to  be  previously  published  for  the  space  of  thirty  days,  in  one 
or  more  newspapers  ;  at  which  time  and  place,  the  said  stock- 
holders shall,  in  person  or  by  proxy,  proceed  to  elect  by  ballot 
nine  directors  of  the  company,  and  to  enact  all  such  regula- 
tions and  by-laws  as  may  be  necessary  for  the  government  of 
said  corporation,  and  the  transaction  of  its  business.  The  per- 
sons elected  directors  at  this  meeting  shall  serve  such  period 
not  exceeding  one  year  as  the  stockholders  may  direct ;  and  at 
this  meeting,  the  stockholders  shall  fix  on  the  day  and  place 
or  places  when  and  where  the  subsequent  election  of  directors 
shall  be  hold,  and  such  elections  shall  thenceforth  be  annually 
made  ;  but  if  the  day  of  annual  elections  should  p;iss  without 
any  election  of  directors,  the  corporation  shall  not  thereby  be 
dissolved  ;  but  the  directors  in  office  shall  so  remain  until  others 
arc  appointed,  and  it  shall  be  lawful  on  any  other  day  to  make 
and  hold  such  elections  in  such  manner  as  may  be  prescribed 
by  a  by-law  of  the  corporation. 

G.  Be  it  further  ordained,'  That  the  affairs  of  said  company 
shall  be  managed  by  a  general  board,  to  consist  of  nine  direc- 
tors, to  be  elected  by  the  stockholders  from  among  themselves, 
at  their  fust  and  subsequent  general  annual  meetings,  and  no 
stockholder  shall  be  elected  a  director,  nor  serve  as  such,  unless 
he  be  at  the  time  of  his  election  the  owner  of  five  shares  of 
stock,  and  shall  continue  to  hold  the  same  during  the  term  of 
his  service  as  director. 

7.  Be  it  further  ordained,  That  the  President  of  said  com- 
pany shall  be  chosen  by  ballot  by  a  majority  of  the  Directors 
from  among  themselves,  with  a  salary  to  be  fixed  by  the  stock- 
holders in  general  meeting. 

8.  Be  it  further  ordained,  That  all  stockholders,  not  being- 
aliens,  shall  Be  entitled  to  vote  cither  in  person  8r  by  proxy1, 
the  proxy  being  a  stockholder,  at  all  general  meetings,  and  the 
vote  to  which  each  stockholder  shall  be  entitled,  shall  be  ac- 
cording to  the  number  of  shares  he  may  hold  as  herci  »after 
provided. 


14  State   Convention.  [Feb., 

0.  Be  it  further  ordained,  That  at  the  first  general  meeting 
of  the  stockholders,  under  this  ordinance,  a  majority  of  all  the 
shares  subscribed  shall  be  represented  before  proceeding  to 
business  ;  and  if  a  sufficient  number  do  not  appear  on  the  day 
appointed,  those  who  do  attend  shall  have  power  to  adjourn  from* 
time  to  time  until  a  regular  meeting  be  thus  formed,  and  at 
such  meeting  the  stockholders  may  provide  by  a  by-law  as  to 
the  number  of  stockholders,  and  the  amount  of  stock  to  be 
held  by  them,  which  shall  constitute  a  quorum  for  the  transac- 
tion of  business  at  all  subsequent  meetings. 

10.  Be  it  further  ordained,  That  the  general  commissioners 
shall  make  their  return  of  shares  of  stock  subscribed  for,  at 
the  first  general  meeting  of  the  stockholders,  and  pay  over  to 
the  directors  elected  at  that  meeting,  or  their  authorized  agent, 
all  sums  of  money  received  from  subscribers  ;  and  on  failure 
to  do  so,  they  shall  be  personally  liable  to  said  company,  to  be 
recovered  in  like  manner  as  other  debts  due  the  company. 

11.  Be  it  further  ordained,  That  the  Board  of  Directors 
may  fill  all  vacancies  which  may  occur  in  it  during  the  period 
for  which  they  have  been  elected,  and  in  the  absence  of  the 
President,  may  fill  his  place  by  electing  a  President  pro  tern. 
from  among  their  number. 

12.  Be  it  further  ordained,  That'  said  Board  of  Directors 
shall  have  power  and  authority  to  open  books  for  further  sub- 
scriptions to  the  stock  of  said  company  at  such  times  and  un- 
der such  persons  as  they  may  designate,  in  the  event  the  whole 
stock  be  not  subscribed  before  the  first  general  meeting  of  the 
stockholders,  and  to  open  and  keep  open  such  books,  from  time 
to  time,  until  the  whole  amount  of  capital  stock  be  subscribed. 

13.  Be  it  further  ordained,  That  said  company  shall  have 
power  and  proceed  to  construct,  as  speedily  as  possible,  a  Rail- 
road with  ope  or  more  tracks,  from  the  North  Carolina  Rail- 
road to  the  Richmond  and  Danville  Railroad  in  Virginia,  to  be 
used  and  operated  by  steam  power,  and  to  the  end  that  the 
said  corporated  may  have  power  and  authority  to  construct  said 
road  within  the  limits  of  the   State  of  Virginia — this  charter 


1862.]  State  Convention.  15 

shall  be  transmitted  by  the  President  of  this  Convention  to  the 
Governor  of  Virginia,  to  the  end  that  the  legislative  sanction 
of  that  State,  approving  the  ordinance,  may  be  given  to  said 
company,  to  construct  the'  railroad  as  aforesaid  within  the  lim- 
its of  that  State  :  Provided,  That  the  company  formed  under 
this  charter  shall  have  no  power  to  discriminate,  on  either 
freight  or  travel,  against  the  North  Carolina  Railroad,  or  roads 
in  North  Carolina  connected  with  it. 

14.  Be  it  further  ordained,  That  said  company  shall  have 
the  exclusive  right  of  conveyance  or  transportation  of  persons, 
goods,  merchandise,  and  produce,  over  the  road  constructed  by 
them,  at  such  charges  as  may  be  fixed  upon  by  a  majority  of 
the  directors ;  and  the  said  company  may  farm  out  their  rights 
of  transportation  over  their  said  railroad,  subject  to  the  rules 
above  mentioned  ;  and  said  company,  and  every  person  who 
may  have  received  from  them  the  right  of  transportation  of 
goods,  wares,  and  produce  on  said  road,  shall  be  deemed  and 
and  taken  to  be  a  commmon  carrier,  as  respects  everything  en- 
trusted to  them  or  him  for  transportation. 

15.  Be  it  further  ordained,  That  the  Board  of  Directors 
may  call  for  the  payment  of  the  sums  subscribed  as  stock  in 
said  company  in  such  instalments  as  the  interest  of  the  said 
company  may  require  ;  the  call  for  each  payment  shall  be  pub- 
lished in  one  or  more  papers  in  this  State  for  two  months  be- 
fore the  day  of  payment,  and  on  failure  of  any  stockholder  to 
pay  each  instalment  as  thus  required,  the  directors  may  sell  at 
public  auction,  on  a  previous  notice  of  ten  days,  for  cash,  all 
the  stock  subscribed  for  in  said  company  by  such  stockholders, 
and  convey  the  same  to  the  purchaser  at  said  sale,  discharged 
from  further  liabilities  ;  and  if  said  sale  of  stock  does  not  pro- 
duce a  sum  sufficient  to  pay  oft'  the  incidental  expenses  of  sale, 
and  the  entire  amount  owing  by  such  stockholder  to  the  com- 
pany for  such  subscription  of  stock,  then  and  in  that  case  the 
whole  of  such  balance  shall  be  held  and  taken  as  due  at  once 
to  the  company,  and  may  be  recovered  of  such  stockholder  or 
his  executors,  administrators  or  assigns,  at  suit  of  said'company 


16  State  Convention.  [Feb., 

either  by  summary  motion  in  any  court  of  supreme  jurisdiction 
in  the  county  where  the  delinquent  resides,  on  a  previous  notice 
of  ten  days  to  said  subscribers,  or  by  action  of  assumpit  in 
any  court  of  competent  jurisdiction,  or  by  warrant  before  a 
Justice  of  the  Peace  when  the  sum  does  not  exceed  one  hun- 
dred dollars  ;  and  in  all  cases  of  assignment  of  stock  before 
the  whole  amount  has  been  paid  to  the  company,  then,  for  all 
sums  due  on  such  stock,  both  the  original  subscribers  and  the 
first  and  all  the  subsequent  assignees  shall  be  held  liable  to  the 
company,  and  the  same  may  be  recovered  as  above  described. 

16.  Be  it  further  ordained.  That  said  company  shall  issue 
certificates  of  stock  to  its  members,  and  said  stock  may  be 
transferred  in  such  manner  and  form  as  may  be  directed  by  the 
by-laws  of  the  company. 

17.  Be  it  further  ordained.  That  the  debt  of  the  stock- 
holders due  to  the  company  for  stock  therein,  either  original 
proprietor,  or  as  first  or  subsequent  assignee,  shall  be  considered 
with  equal  dignity  with  judgments  in  the  distribution  of  the 
assets  of  a  deceased  stockholder  by  his  legal  representatives. 

18.  Be  it  further  ordained,  That  the  Board  of  Directors 
shall,  once  a  year,  at  least,  make  a  full  report  on  the  state  of 
the  company  and  its  affairs,  to  a  general  meeting  of  the  stock- 
holders, and  oftener  if  required  by  a  by-law,  and  shall  have 
power  to  call  a  general  meeting  of  the  stockholders  when  the 
board  may  deem  expedient ;  and  the  company  may  provide  in 
their  by-laws  for  occasional  meetings  being  called,  and  pre- 
scribe the  mode  thereof. 

19.  Be  it  further  ordained,  That  the  said  company  may  pur- 
chase, have  and  hold,  in  fee  or  for  a  term  of  years,  any  lands, 
tenements,  or  hereditaments  which  may  be  necessary  for  said 
road,  or  appurtenances  thereof,  or  for  the  erection  of  deposito- 
ries, store  houses,  houses  for  the  officers,  servants,  or  agents  of 
the  company,  or  for  the  workshops  or  foundries  to  be  used  for 
said  company,  or  for  procuring  stone  or  other  materials  neces- 
sary to  the  construction  of  the  road,  or  for  effecting  transporta- 
tion thereon. 


18G2.]  State  Convention.  17 

20.  Be  it  further  ordained,  That  the  company  shall  have 
the  right,  when  necessary,  to  conduct  the  said  road  across  or 
along  any  public  road  or  water  course  :  Provided,  That  the 
said  company  shall  not  obstruct  any  public  road  without  con- 
structing another  equally  as  good  and  convenient. 

21.  Be  it  further  ordained,  That  when  any  land  or  right  of 
way  may  be  required  by  said  company  for  the  purpose  of  con- 
structing their  road,  and  for  want  of  agreement  as  to  the  value 
thereof,  or  for  any  other  cause,  the  same  can  not  be  purchased 
from  the  owner  or  owners — the  same  many  be  taken  at  a  valu- 
ation to  be  made  by  five  freeholders,  selected  by  the  County 
Court  in  the  county  where  the  right  of  way  is  situated  :  Pro- 
vided, nevertheless,  That  if  any  person  or  persons  over  whose 
lands  the  road  may  pass,  or  if  said  company  should  be  dissatis- 
fied with  the  valuation  of  said  freeholders,  then,  and  in  that 
case,  the  party  so  dissatisfied  may  have  an  appeal  to  the  Supe- 
rior Court  in  the  county  where  the  damage  is  done,  or  in  either 
county  where  the  land  may  lie,  under  the  same  rules,  regula- 
tions and  restrictions  as  in  other  classes  of  appeal  ;  the  pro- 
ceeding of  the  said  freeholders,  accompanied  with  a  full  de- 
scription of  said  land  or  right  of  way,  shall  be  returned  under 
the  hands  and  seals  of  a  majority  of  them  to  the  court  from 
which  the  order  was  made,  there  to  remain  a  matter  of  record  ; 
and  the  lands  or  right  of  way  so  valued,  shall  vest  in  the  said 
company  60  long  as  the  same  may  be  used  for  purposes  of  said 
railroad,  as  soon  as  the  valuation  shall  have  been  made,  or  when 
refused,  may  have  been  tendered :  Provided,  That  on  applica- 
tion for  the  appointment  of  freeholders  under  this  section,  it 
shall  be  made  to  appear  to  the  satisfaction  of  the  court,  that  at 
least  ten  days'  previous  notice  has  been  given  by  the  applicant 
to  the  owner  or  owners  of  the  land  proposed  to  be  condemned, 
or  if  the  owner  or  owners  be  infants  or  non  eompos  mentis,  then 
to  the  guardian  or  guardians  of  such  owner  or  owners,  if  such 
guardian  can  be  found  within  the  county,  or  if  he  cannot  be 
found,  then  such  appointment  shall  not  be  made  unless  notice 
of  the  application  shall  have  been  published  at  least  one  month 

3 


18  State  Convention.  [Feb., 

next  preceding  in  sonic  newspaper  printed  as  conveniently  as 
may  be  to  the  court  house  of  the  county,  and  shall  have  been 
posted  at  the  door  of  the  court  house  on  the  first  day  of  the 
term  of  said  court  to  which  the  application  is  made  :  Provided, 
further,  That  the  valuation  provided  for  in  this  section  shall 
be  made  on  oath  by  the  freeholders  aforesaid,  which  oath,  any 
Justice  of  the  Peace,  or  clerk,  is  authorized  to  administer : 
Provided,  further,  That  the  right  of  condemnation  herein 
granted,  shall  not  authorize  the  said  company  to  invade  the 
dwelling  house,  yard,  garden  or  burial  ground  of  any  individual 
without  his  consent. 

22.  Be  it  further  ordained,  That  the  right  of  said  company 
to  condemn  lands  in  the  manner  as  aforesaid,  shall  extend  to 
the  condemning  one  hundred  feet  on  each  side  of  the  track  of 
the  road,  measuring  from  the  centre  of  the  same,  unless  in  case 
of  deep  cuts  and  fillings,  when  said  company  shall  have  power 
to  condemn  as  much  in  addition  thereto  as  may  be  necessary 
for  the  purpose  of  constructing  said  road,  and  the  company 
shall  also  have  power  to  condemn  and  appropriate  lands  in  like 
manner  for  the  constructing  and  building  of  depots,  shops, 
warehouses,  buildings  for  servants,  agents,  and  persons  employed 
on  the  road,  not  exceeding  four  acres  to  any  one  lot  or  station. 

23.  Be  it  further  ordained,  That  in  the  absence  of  any  con- 
tract or  contracts  with  said  company  in  relation  to  the  lands 
through  which  the  said  road  may  pass,  signed  by  the  owner 
thereof,  or  his  agent  or  any  claimant  or  person  in  possession 
thereof,  it  shall  be  presumed  that  the  land  upon  which  the  said 
road  may  be  constructed,  together  with  the  space  of  one  hun- 
dred feet  on  each  side  of  the  centre  of  said  road,  has  been 
granted  to  the  said  company  by  the  owner  thereof,  and  the  said 
said  company  shall  have  good  right  and  title  thereto,  and  shall 
have,  hold  and  enjoy  the  same  as  long  as  the  same  be  used  for 
the  purposes  of  the  road,  and  no  longer,  unless  the  person  or 
persons  owning  the  said  land  at  the  time  that  part  of  the  said 
road  which  may  be  on  the  said  land  was  finished,  or  those  claim- 
ing under  him,  her  or  them,  shall  apply  for  an  assignment  of  the 


1862.]         State  Convention.  19 

value  of  said  lands  as  hereinbefore  directed,  within  two  years 
next  after  that  part  of  the  said  road  which  may  be  on  said  lands 
was  finished,  and  in  case  the  said  owner,  or  those  claiming  under 
him,  her  or  them,  shall  not  apply  within  two  years  next  after 
the  said  part  was  finished,  he,  she  or  they  shall  be  forever 
barred  from  recovering  said  land,  or  having  any  assessment  or 
compensation  therefor :  Provided,  Nothing  herein  contained 
shall  affect  the  rights  of  feme  coverts,  or  infants,  until  two  years 
after  the  removal  of  their"  respective  disabilities. 

24.  Be  it  further  ordained,  That  all  lands  not  heretofore 
granted  to  any  person  within  one  hundred  feet  of  the  centre  of 
said  road,  shall  vest  in  the  company  so  soon  as  the  line  of  the 
road  is  definitely  laid  out  through  it,  and  any  grant  of  said 
land  shall  thereafter  be  void. 

25.  Be  it  further  ordained,  That  if  any  person  or  persons 
shall  intrude  upon  said  railroad,  by  any  manner  of  use  thereof, 
or  of  the  right  and  privilege  connected  therewith,  without  the 
permission,  or  contrary  to  the  will  of  said  company,  he,  she  or 
they  may  be  indicted  for  a  misdemeanor,  and  upon  conviction, 
fined  and  imprisoned  by  any  court  of  competent  jurisdiction. 

26.  Be  it  further  ordained,  That  if  any  person  or  persons 
shall  willfully  and  maliciously  destroy,  or  in  any  manner  hurt 
or  damage,  or  shall  willfully  and  maliciously  cause,  or  aid  or 
assist,  or  counsel  and  advise  any  other  person  or  persons  to  de- 
stroy, or  in  any  manner  to  hurt,  damage,  injure  or  obstruct  the 
said  railroad,  or  any  bridge  or  vehicle  used  for  or  in  the  trans- 
portation thereon,  any  water-tank,  warehouse,  or  other  property 
of  said  company,- such  person  or  persons,  so  offending,  shall  be 
liable  to  be  indicted  therefor,  and  on  conviction,  shall  be  impris- 
oned not  less  than  one  nor  more  than  six  months,  and  pay  a 
fine,  not  exceeding  five  hundred  dollars,  nor  less  than  twenty 
dollars,  at  the  discretion  of  the  court  before  which  said  convic- 
tion shall  take  place,  and  shall  be  further  liable  to  pay  all  ex- 
penses for  repairing  the  same  ;  and  it  shall  not  be  competent 
for  any  one  so  offending  against  the  provisions  of  this  clause  to 

-defend  himself  by  pleading  or  giving  in  evidence  that  he  was 


20  State  Convention.  [Feb., 

the  owner,  agent,  or  servant  of  the  owner  of  the  land  where 
such  destruction,  hurt,  damage,  injury  or  obstruction  was  done 
at  the  time  the  same  was  done  or  caused  to  be  done. 

27.  Be  it  further  ordained,  That  every  obstruction  to  the 
safe  and  free  passage  of  vehicles  on  said  road  shall  be  deemed 
a  public  nuisance,  and  be  abated  as  such  by  any  officer,  agent  or 
servant  of  said  company,  and  the  person  causing  such  obstruc- 
tion may  be  indicted  for  erecting  a  public  nuisance. 

28.  Be  it  further  ordained,  That  the  said  company  shall 
have  the  right  to  take,  at  the  storehouses  they  may  establish, 
or  annex  to  their  railroad,  all  goods,  wares,  merchandise,  and 
produce  intended  for  transportation,  to  prescribe  the  rules  of 
priority,  and  charge  and  receive  such  just  and  reasonable  com- 
pensation for  storage  as  they,  by  rules,  may  establish  (winch 
they  shall  cause  to  be  published)  as  may  be  fixed,  by  agreement, 
with  the  owners,  which  may  be  distinct  from  rates  of  transpor- 
tation :  Provided,  That  the  said  company  shall  not  charge  nor 
receive  storage  on  goods,  wares,  merchandise  or  produce  which 
may  be  delivered  to  them  at  their  regular  depositories  for  imme- 
diate transportation,  and  which  the  company  may  have  the 
power  to  transport  immediately. 

20.  Be  it  further  ordained,  That  the  profits  of  the  company, 
or  so  much  thereof  as  the  General  Board  may  deem  advisable, 
shall,  when  the  affairs  of  the  company  will  permit,  be  semi- 
annually divided  among  the  stockholders  in  proportion  to  the 
stock  each  may  own. 

30.  Be  it  further  ordained,  That  the  following  officers  and 
servants  and  persons  in  the  actual  employment  of  said  company 
be,  and  they  are  hereby  exempt  from  the  performance  of  jury 
and  ordinary  militia  duty  :  The  President  and  Treasurer,  the 
Board  of  Directors,  Chief  and  Assistant  Engineers,  the  Secretary 
and  Accountant  of  the  company,  keepers  of  the  depositories, 
guards  stationed  on  the  road  and  at  the  bridges,  and  such  per- 
sons as  may  be  working  the  locomotive  engines  and  traveling 
with  tbe  cars  for  the  purpose  of  attending  to  the  transport  of 
produce,  goods  and  passengers  on  the  road. 


1862.]  State  Convention.  21 

31.  Be  it  farther  ordained,  That  if  the  Legislature  of  Vir- 
ginia shall  sanction  this  charter,  and  authorize  the  construction 
of  said  road  within  the  limits  of  Virginia  to  the  Richmond  and 
Danville  Railroad,  and  said  road  shall  be  so  constructed,  the 
said  corporation  hereby  created  shall,  nevctherless,  have  power 
and  authority  to  construct  and  build  one  or  more  branches  <>f 
said  road  to  the  Coalfields  of  Dan  River,  and  the  navigable 
waters  on  Smith's  River,  in  the  county  of  Rockingham,  and 
are  hereby  vested  with  the  rights,  powers,  privileges  and  im- 
munities to  build  and  construct  said  branch  or  branches  with 
which  they  arc  invested  to  build  the  main  road  ;  and  the  said 
road,  with  its  branches,  authorized  to  be  constructed  under  this 
charter,  shall  be  of  the  same  guage  as  the  North  Carolina 
Railroad  ;  and  the  North  Carolina  Railroad  Company  shall 
have  the  right,  under  this  charter,  to  construct  a  branch  of 
their  road  from  llillsboro'  at  or  near  Danville. 

32.  Be  it  farther  ordained,  That  for  the  purpose  of  ascer- 
taining the  best  route  for  said  road  and  its  branches,  and  to 
locate  the  same,  it  shall  be  lawful  for  said  company,  by  its  en- 
gineers, servants  and  agents,  to  enter  upon,  examine  and  sur- 
vey any  land  or  lands  that  they  may  wish  to  examine  for  such 
purpose,  free  from  any  liability  whatever. 

33.  Be  it  farther  ordained,  That  any  one  or  more  of  the 
solvent  incorporate  railroad  companies  of  the  said  States,  and 
also  the  Confederate  States  of  America,  may  subscribe  for 
stock  in  said  company,  and  should  the  Confederate  States  of 
America  subscribe  for  and  take  the  whole  of  such  stock,  or  the 
larger  part  thereof,  power  and  authority  are  given  to  said  Con- 
federate States  of  America  to  appoint  for  the  time  being  the 
whole  of  the  said  Directors,  anything  in  this  ordinance  to  the 
contrary  notwithstanding,  and  at  once  locate  and  commence 
the  construction  of  said  road,  and  hold  the  stock  so  taken  by 
them  until  individuals  and  corporations  shall  be  prepared  to 
receive  an  assignment  of  the  same,  or  any  part  or  parts  there- 
of, as  hereinafter  provided. 


22  State   Convention.  [Feb., 

34.  Be  it  further  ordained,  That  as  soon  as,  under  the  su- 
pervision of  the  general  commissioners,  as  by  this  ordinance 
provided,  there  shall  be  subscribed  by  the  Confederate  States 
of  America,  incorporated  companies,  or  solvent  individuals, 
not  less  than  one  hundred  thousand  dollars  of  stock,  with  the 
five  per  cent,  thereon  paid  in,  the  same  shall  be  certified  by 
said  general  commissioners  to  said  Directors,  on  which  being 
done,  it  shall  be  the  duty  of  said  Directors  to  have  the  names 
of  such  stockholders  recorded  on  the  books  of  said  company, 
together  with  the  stock  subscribed  by  each,  and  to  cause  to 
have  issued  to  said  stockholders  certificates  of  stock  in  said 
company,  (to  each  in  proportion  to  the  subscriptions  made  by 
them,)  when  they  shall  have  paid  up  their  subscriptions  in  full, 
including  in  their  payments  the  five  per  cent,  which  they  shall 
have  paid  to  the  said  general  commissioners,  and  which  the 
said  general  commissioners,  as  hereinbefore  provided,  shall  pay 
to  said  company. 

85.  Be  it  further  ordained,  That  as  soon  as  subscribers 
other  than  the  Confederate  States  of  America,  as  herein  pro- 
vided, shall  have  their  names  as  stockholders  recorded  on  the 
books  of  said  company  as  owners  of  not  less  than  one  hundred 
thousand  dollars  of  stock,  with  the  five  per  cent,  thereon  paid 
in,  from  and  after  that  time  such  stockholders,  in  all  general 
meetings,  shall  have  power  to  elect  five  of  the  said  nine  Direc- 
tors, and  the  President  of  the  Confederate  States  of  America, 
or  such  other  person  as  the  Confederate  States  may  determine, 
to  appoint  four  of  said  Directors,  and  continue  to  do  so  until 
the  stock  of  the  said  Confederate  States,  by  sale  or  transfer, 
shall  be  reduced  to  less  than  half  of  the  entire  stock  of  said 
company  ;  then,  and  from  and  after  that  time,  the  vote  of  the 
said  Confederate  States  of  America  in  the  election  of  Direc- 
tors, and  on  all  other  questions,  shall  be  in  proportion  to  the 
stock  held  by  them  :  Provided,  That  at  such  elections  no  stock- 
holder shall  give  more  than  two  hundred  votes. 
.  36.  Be  it  further  ordained,  That  full  right  and  privilege  is 
hereby  reserved  to  the  State,  or  to  any  company  hereafter  to 


1862.]  State  Convention.  23 

be  incorporated  under  the  authority  of  this  State,  to  connect 
with  the  road  hereby  provided  for,  any  other  railroad  leading 
therefrom  to  any  part  or  parts  of  this  State  :  Provided,  That 
in  joining  such  connection,  no  injury  shall  be  done  to  the  works 
of  the  company  hereby  incorporated. 

37.  Be  it  further  ordained,  That  the  corporate  franchises 
and  privileges  hereby  granted  shall  cease  and  determine  at  the 
expiration  of  ninety-nine  years  from  the  day  of  the  passage  of 
this  ordinance. 

Passed  and  ratified  in  open  Convention  the  8th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  9.] 
AN   ORDINANCE    TO    INCORPORATE    THE    WASH- 
INGTON AND  TARBORO'  RAILROAD  COMPANY. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  for  the  purpose  of  effecting  a 
railroad  communication  between  the  town  of  Washington  and 
the  town  of  Tarboro',  the  formation  of  a  corporate  company, 
with  the  capital  of  four  hundred  thousand  dollars,  is  hereby 
authorized,  to  be  called  the  Washington  and  Tarboro'  Railroad 
Company,  andjwhen  formed  in  compliance  with  the  conditions 
hereinafter  prescribed,  to  have  a  corporate  existence  as  a  body 
politic  in  perpetuity. 

2.  Be  it  further  ordained.  That  the  said  company  be,  and 
the  same  is  hereby  authorized  to  construct  a  railroad  from  the 
town  of  Washington,  in  the  county  of  Beaufort,  through  the 
counties  of  Pitt  and  Edgecombe,  to  the  town  of  Tarboro'. 


24  State  Convention.  [Feb., 

3.  Be  it  further  ordained,  That  for  the  purpose  of  raising 
the  capital  stock  of  said  company,  it  shall  be  lawful  to  open 
books  under  the  direction  of  the  following  named  Commission- 
er?, to-wit :  At  Washington,  under  the  direction  of  John  Myers, 
Joseph  Potts,  Benjamin  F.  Havens,  B.  M.  Selby,  and  George 
H.  Brown  ;  at  Pactolus,  under  the  direction  of  Churchill  Per- 
kins, Peyton  A.  Atkinson,  J.  G-.  B.  Grimes,  Rippon  Ward,  and 
Henry  Stancill ;  at  Tarboro',  under  the  direction  of  John  S. 
Dancy,  R.  H.  Pender,  Robert  R.  Bridgers,  William  S.  Battle, 
and  James  R.  Thigpen,  and  at  such  other  places  and  under 
the  direction  of  such  other  persons  as  a  majority  of  the  com- 
missoners  first  named  may  deem  proper,  for  the  purpose  of  re- 
ceiving subscriptions  to  the  amount  of  four  hundred  thousand 
dollars,  in  shares  of  fifty  dollars  each. 

4.  Be  it  further  ordained,  That  the  commissioners  above 
named,  and  all  other  persons  who  may  hereafter  be  authorized 
as  aforesaid  to  open  books  for  subscriptions,  shall  open  the  same 
at  any  time  after  the  ratification  of  this  ordinance,  first  giving 
ten  days'  notice  thereof,  of  the  time  and  place,  in  one  or  more  of 
the  newspapers  published  in  Washington  and  Tarboro' ;  and 
the  said  books,  when  opened,  shall  be  kept  open  for  the  space 
of  thirty  days,  at  least,  and  as  long  thereafter  as  the  commis- 
sioners first  above  named  shall  direct,  and  the  said  first  com- 
missioners shall  have  power  to  call  on  and  require  all  persons 
empowered  to  receive  subscriptions  of  stock,  at  any  time,  and 
from  time  to  time,  as  a  majority  of  them  may  think  proper,  to 
make  return  of  subscriptions  of  stock  by  them  respectively  re- 
ceived. 

5.  Be  it  further  ordained,  That  whenever  the  sum  of  ten 
thousand  dollars  shall  be  subscribed  in  the  manner  and  form 
aforesaid,  the  subscribers,  their  executors,  administrators  or 
assigns,  shall  be,  and  they  are  hereby  declared  incorporated 
into  a  company  by  the  name  and  style  of  the  Washington  and 
Tarboro'  Railroad  Company,  and  by  that  name  shall  be  capa- 
ble in  law  and  equity  of  purchasing,  holding,  selling,  leasing, 
and  conveying  estates,  real,  personal  and  mixed,  and  acquiring 


1862.]  State  Convention.  25 

the  same  by  gift  or  devise,  so  far  as  shall  be  necessary  for  the 
purposes  embraced  within  the  scope,  object  and  intent  of  their 
charter,  and  no  further  ;  and  shall  have  perpetual  succession, 
and  by  their  corporate  name  may  sue  and  be  sued,  plead  and 
be  impleaded  in  any  court  of  law  and  equity  in  this  State,  and 
may  have  and  use  a  common  seal,  ■which  they  may  alter  and 
renew  at  pleasure,  and  shall  have  and  enjoy  all  other* rights 
and  immunities  which  other  railroad  corporate  bodies  may,  and 
of  right  do  exercise,  and  make  all  by-laws,  rules,  and  regula- 
tions that  are  necessary  for  the  government  of  the  corporation, 
or  effecting  the  object  for  which  it  was  created,  not  inconsis- 
tent with  the  Constitution  and  laws  of  the  State. 

6.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the 
commissioners  named  in  this  ordinance  for  receiving  subscrip- 
tions in  Washington,  or  a  majority  of  them,  as  soon  as  the  sum 
of  ten  thousand  dollars  shall  have  been  subscribed,  in  manner 
aforesaid,  to  give  public  notice  thereof,  and  at  the  same  time  to 
call  a  general  meeting  of  the  stockholders,  giving  at  least  fif- 
teen days'  notice  of  the  time  and  place  of  meeting ;  a  majority 
of  the  stockholders  being  represented  in  person,  or  by  proxy, 
shall  proceed  to  elect  a  President  and  Treasurer,  and  six  Di- 
rectors, out  of  the  number  of  stockholders  ;  and  the  said  Di- 
rectors shall  have  power  to  perform  all  the  duties  necessary  in 
the  government  of  the  corporation,  and  the  transaction  of  its 
business;  and  the  persons  elected  as  aforesaid,  shall  serve  such 
period,  not  exceeding  one  year,  as  the  stockholders  may  direct  :• 
and,  at  that  meeting,  the  stockholders  shall  fix  on  the  day  and 
place  or  places  where  the  subsequent  election  of  President, 
Treasurer  and  Directors  shall  be  held,  and  such  election  shall. 
thenceforth,  be  annually  made  ;  but  if  the  day  of  the  annual 
election  of  officers  should,  under  any  circumstances,  pass  with- 
out an  election,  the  corporation  shall  net  thereby  be  qlissolved, 
but  the  officers  formerly  elected  shall  continue  in  office  until  a 
new  election  takes  place. 

7.   B<>  it  further  ordained.  That  the  election  of  officers  afore- 
said, shall  be,  by  ballot,  each  stockholder  having  as  many  votea 
4 


26  State  Convention.  [Feb., 

as  he  has  shares  in  the  stock  of  the  company,  and  the  person 
having  the  greatest  number  of  votes  polled,  shall  be  considered 
duly  elected  to  the  office  for  which  he  is  nominated,  and  at  all 
elections  and  upon  all  votes  taken  at  any  meeting  of  the  stock- 
holders, upon  any  by-law  or  any  of  the  affairs  of  the  company, 
each  share  of  the  stock  shall  be  entitled  to  one  vote,  to  be  rep- 
resented either  in  pergon  or  by  proxy ;  and  proxies  may  be 
verified  in  such  manner  as  the  by-laws  of  the  company  may 
prescribe. 

8.  Be  it  further  ordained,  That  the  Board  of  Directors  may 
fill  any  vacancies  that  may  occur  in  it  during  the  period  for 
which  they  have  been  elected,  and  in  the  absence  of  the  Presi- 
dent, may  appoint  a  President,  pro  tempore,  to  fill  his  place. 

9.  Be  it  further  ordained,  That  the  Board  of  Directors  may 
call  for  the  sums  subscribed  as  stock  in  said  company  in  such 
instalments  as  the  interest  of  said  company  may,  in  their  opin- 
ion, require.  The  call  for  each  payment  shall  be  published  in 
one  or  more  newspapers  of  the  State,  for  one  month  before  the 
day  of  payment,  and  on  failure  of  any  stockholder  to  pay  each 
instalment  as  thus  required,  the  Directors  may  sell,  at  public 
auction,  on  a  previous  notice  of  ten  days,  for  cash,  all  the  stock 
subscribed  for  in  said  company  by  such  stockholder,  and  convey 
the  same  to  the  purchaser  at  the  said  sale,  and  if  the  said  sale 
of  stock  does  not  produce  a  sum  sufficient  to  pay  off  the  inci- 
dental expenses  of  the  sale,  and  the  entire  amount  owing  by 
such  stockholder  to  the  company  for  such  subscription  of  stock, 
then,  and  in  that  case,  the  whole  of  such  balance  shall  be  held 
as  due  at  once  to  the  company,  and  may  be  recovered  of  such 
stockholder,  or  his  executors,  administrators  or  assigns,  at  the 
suit  of  said  company,  cither  by  summary  motion  in  any  court 
of  superior  jurisdiction  in  the  county  where  the  delinquent  re- 
sides, on  previous  notice  of  ten  days  to  said  subscriber,  or  by 
action  of  assumpsit,  in  any  court  of  competent  jurisdiction,  or 
by  warrant  before  a  Justice  of  the  Peace,  when  the  sum  does 
not  exceed  one  hundred  dollars  ;  and  in  all  cases  of  assignment 
of  stock  before  the  whole  amount  has  been  paid  to  the  com- 


1862.]  State  Convention.  27 

pany,  then,  for  all  sums  on  such  stocks,  both  the  original  sub- 
scriber and  all  subsequent  assignees,  shall  be  liable  to  the 
company,  and  the  same  may  be  recovered  as  above  described. 

10.  Be  it  further  ordained,  That  the  debt  of  the  stock- 
holders due  to  the  company  for  stock  therein,  either  as  original 
proprietor,  or  first  or  subsequent  assignee,  shall  be  considered 
as  of  equal  dignity  with  judgments  in  the  distribution  of  assets 
of  a  deceased  stockholder  by  his  legal  representatives. 

11.  Be  it  further  ordained,  That  said  company  shall  issue 
certificates  of  stock  to  its  members,  and  said  stock  may  be 
transferred  in  such  manner  and  form  as  may  be  directed  by  the 
by-laws  of  the  company. 

12.  Be  it  further  ordained,  That  the  said  company  may,  at 
any  time,  increase  its  capital  stock  to  a  sum  sufficient  to  com- 
plete said  road,  not  exceeding  the  additional  sum  of  one  hun- 
dred thousand  dollars,  by  opening  books  of  subscription  of 
new  stock,  or  borrowing  money  on  the  credit  of  the  company, 
and  the  mortgage  of  its  charter  and  works,  and  the  manner  in 
which  the  same  shall  be  done,  in  either  case,  shall  be  pre- 
scribed by  the  stockholders. 

13.  Be  it  further  ordained,  That  all  contracts  or  agree- 
ments, authenticated  by  the  President  and  Secretary  of  the 
Board,  shall  be  binding  on  the  company,  with  or  without  a  seal ; 
such  a  mode  of  authentication  shall  be  used  as  the  company, 
by  their  by-laws,  may  adopt. 

14.  Be  it  further  ordained,  That  the  said  company  may 
purchase,  in  fee,  or  for  a  term  of  years,  any  lands,  tenements 
or  hereditaments,  which  may  be  necessary  for  said  road,  or  for 
the  erection  of  depositories,  storehouses,  houses  for  the  officers, 
servants  or  agents  of  the  company,  or  for  workshops  or  foun- 
dries, to  be  used  by  the  company,  or  for  procuring  stone  or  other 
material  necessary  to  the  construction  of  the  road  or  effecting 
transportation,  and  for  no  other  purposes  whatever. 

15.  Be  it  further  ordained,  That  the  company  shall  have 
the  right,  when  necessary,  to  construct  the  said  railroad  across 
any  public  road  or  along  the  side  of  any  public  road :    Pro- 


28       .  State  Convention.  [Feb., 

vided,  That  the  said  company  shall  not  obstruct  any  public 
road  without  constructing  one  equally  as  good  and  as  conven- 
ient as  the  one  taken  by  the  company. 

16.  Be  it  further  ordained,  That  -when  any  lands  or  right 
of  way  may  be  required  by  the  company  for  the  purpose  of 
constructing  their  road,  building  warehouses,  water-stations, 
workshops  or  depositories,  and  for  want  of  agreement  as  to  the 
value  thereof,  or  from  any  other  cause,  the  same  cannot  be 
purchased  from  the  owner  or  owners,  the  same  may  be  taken 
at  a  valuation  to  be  made  by  a  jury  of  good  and  lawful  men,  to 
be  summoned  by  the  Sheriff  of  the  county  in  which  the  land 
required  by  the  company  may  lie  ;  and  in  making  the  said  val- 
uation, the  said  jury  shall  take  into  consideration  the  loss  or 
damage  which  may  occur  to  the  owner  or  owners  in  consequence 
of  the  land  or  right  of  way  being  surrendered,  and  the  benefit 
or  advantage  he,  she  or  they  may  receive  from  the  erection  of 
said  road,  and  shall  state  particularly  the  value  and  amount  of 
each  ;  and  the  excess  of  loss  or  damage  over  and  above  the 
advantage  and  benefit  shall  form  the  measure  of  valuation  of 
the  land  or  right  of  way :  Provided,  nevertheless,  That  if  any 
person  or  persons  over  Avhose  lands  said  roads  may  pass,  or  the 
company  should  be  dissatisfied  with  the  valuation  thus  made, 
then,  and  in  that  case,  either  party  may  have  an  appeal  to  the 
next  court  of  the  county,  to  be  held  thereafter  ;  and  the  Sheriff 
shall  return  to  said  court  the  verdict  of  jury,  with  all  the  pro- 
ceedings thereon,  and  the  lands  or  right  of  way  so  valued  by 
the  jury  shall  vest  in  the  company  so  long  as  the  same  may  be 
used  for  the  purposes  of  said  railroad,  so  soon  as  the  valuation 
be  paid,  or  if  refused,  paid  over  to  the  clerk  of  the  County 
Court :  Provided,  further,  That  the  right  of  condemnation 
shall  not  authorize  the  said  company  to  invade  the  dwelling 
house,  yard,  garden  or  grave-yard  of  any  individual  without 
his  consent. 

17.  Be  it  further  ordained,  That  the  right  of  said  company 
to  condemn  land  in  the  manner  described  in  the  above  section, 
shall  extend  to  the  condemnation  only  of  one  hundred  feet  on 


1862.]  State  Convention.  29 

each  side  of  the  main  track  of  the  road,  and  from  the  ce  n  tr 
of  the  same,  except  in  case  of  deep  cuts  and  fillings,  when  the 
said  company  shall  have  power  to  condemn  as  much  in  addition 
thereto  as  may  be  necessary  for  the  purpose  of  constructing 
said  road,  and  the  company,  in  like  manner,  shall  have  power 
to  condemn  and  appropriate  land  for  the  building  of  depots 
and  shops,  not  exceeding  five  acres  in  any  one  lot  or  station. 

1 8.  Be  it  further  ordained,  That  the  said  company  shall  have 
the  exclusive  right  of  conveyance  or  transportation  of  persons, 
goods,  merchandise  and  produce  over  said  road,  at  such  charges 
as  may  be  fixed  by  a  majority  of  the  directors. 

19.  Be  it  further  ordained,  That  the  profits  of  the  company, 
or  so  much  thereof  as  the  Board  of  Directors  may  deem  ad- 
visable, shall,  when  the  affairs  of  the  company  frill  permit,  be 
annually  or  semi-annually  divided  among  the  stockholders  in 
proportion  to  the  stock  each  may  own. 

20.  Be  it  further  ordained,  That  notice  of  process  upon  the 
President,  or  any  of  the  directors  thereof,  shall  be  deemed  and 
taken  to  be  due  and  lawful  notice  of  service  upon  the  company. 

21.  Be  it  further  ordained,  That  the  company  shall  have 
power  to  construct  branches  of  said  road  to  connect  with  any 
other  road  that  may  be  constructed  east  of  the  Wilmington  and 
Weldon  Railroad,  and  any  contract  that  may  be  entered  into 
with  any  other  railroad  company  by  the  President  and  Direc- 
tors of  said  company,  after  the  consent  of  a  majority  of  the 
stockholders  first  obtained,  shall  be  binding  on  the  company. 

22.  Be  it  further  ordained,  That  it  may  be  lawful  for  the 
Washington  and  Tarboro'  Railroad  Company  to  make  and  is- 
sue bonds  to  an  amount  not  exceeding  fifty  thousand  dollars, 
to  be  signed  by  the  President  of  said  company,  under  the  com- 
mon seal  of  the  same,  in  sums  of  five  hundred  dollars  each, 
bearing  interest  at  the  rate  of  seven  per  cent,  or  less  per  an- 
num, to  be  paid  semi-annually. 

23.  Be  it  further  ordained,  That  to  secure  the  faithful  pay- 
ment of  said  bonds,  it  may  and  shall  be  lawful  for  the  Presi- 
dent and  Directors  of  the  Washington  and. Tarboro'   Railroad 


30  State   Convention.  [Feb., 

Company  to  make,  execute  and  deliver  to  such  person  as  the 
company  may  select  or  appoint,  a  deed  of  trust  or  mortgage, 
under  the  common  seal  of  said  company,  wherein  shall  be  con- 
veyed to  the  person  thus  appointed  trustee,  the  road,  property, 
income  and  franchise  of  said  company,  acquired  or  to  be  ac- 
quired, conditioned  for  the  payment  of  the  interest  and  final 
redemption  of  said  bonds. 

24.  Be  it  further  ordained,  That  all  officers  of  the  company, 
and  servants,  and  persons  in  the  actual  employment  of  the 
company,  may  be,  and  they  are  hereby  exempt  from  perform- 
ing ordinary  military  duty,  (except  in  case  of  insurrection  or 
invasion,)  working  on  public  roads  and  serving  as  jurors. 

25.  Be  it  further  ordained,  That  all  the  work  hereby  re- 
quired, shall  be  executed  with  due  diligence,  and  if  it  be  not 
commenced  within  four  years  after  the  ratification  of  this  or- 
dinance, then  this  charter  shall  be  void. 

26.  Be  it  further  ordained,  That  this  ordinance  shall  be  in 
force  from  and  after  its  ratification,  and  shall  be  regarded  as  a 
public  ordinance. 

Passed  and  ratified  in  open  Convention  the  7th  February, 

1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Ass't  Secretary. 


[No.  10.] 

AN  ORDINANCE  TO  AUTHORIZE  THE  TREASURER 

TO  ISSUE  TREASURY  NOTES. 

Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  the  Public  Treasurer  be,  and 
he  is  hereby  authorized  to  issue  any  amount  of  Treasury  notes, 


1862.]  State  Convention.  31 

now  on  hand,  not  exceeding  one  hundred  and  twenty  thousand 
dollars,  above  the  denomination  of  twenty  dollars :  Provided, 
Said  notes  shall  bear  no  interest :  And  provided,  further,  That 
this  amount  shall  be  a  part  of  the  three  millions  heretofore 
ordered  to  be  isssued. 

Passed  and  ratified  in  open  Convention,  the  4th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 

Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  11.] 
A  RESOLUTION  IN  RELATION  TO  THE  MINTS. 

Resolved,  That  in  the  opinion  of  this  Convention,  it  is  of  the 
highest  importance  to  the  interests  of  the  Confederate  States, 
that  the  Mints  situated  within  their  limits  should  be  placed  in 
operation  at  the  earliest  practicable  period,  and  that  the  Sena- 
tors and  Representatives  in  Congress  be  requested  to  use  their 
best  exertions  to  obtain  this  object. 

Passed  and  ratified  in  open  Convention  the  7th  day  of  Feb- 
ruary, 1862. 

W.  N.  EDWARDS, 
Teste:  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.   12.] 
RESOLUTION    RESPECTING     THE     PAY    OF    THE 
THIRTY-EIGHTH    REGIMENT   OF   NORTH    CARO- 
LINA VOLUNTEERS. 

Meaolved,  That  the  pay  rolls  of  the  companies  of  the  thirty- 
eighth  regiment  of  North  Carolina  Volunteers  be  made  out  and 


32  State  Convention.  [Feb., 

received  from  the  date  of  the  acceptances  of  the  companies 
respectively. 

Passed  and  ratified  in  open  Convention  the  8th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  13.] 

AN  ORDINANCE  CONCERNING  THE  LEVYING  OF 

TAXES  BY  THE  COUNTY  COURTS. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  the  Chairman  of  the  County 
Court,  and  where  there  is  no  Chairman,  the  County  Court 
Clerk  of  each  and  every  county  in  this  State,  shall,  by  public 
notice,  convene  the  Justices  of  the  County  Courts  at  their 
respective  court  houses  on  the  first  Monday  in  May,  1862  ;  anil 
a  majority  of  the  Justices  being  present,  they  shall  proceed  to 
levy  taxes  for  county  purposes,  and  may,  in  their  discretion,  as 
now  provided  by  law,  levy  the  taxes  for  school  purposes ;  and 
the  Clerk  of  the  respective  County  Courts,  shall,  in  such  cases, 
enter  the  proceedings  of  said  Justices  on  the  minute  docket  of 
said  County  Courts,  as  a  part  of  the  record  of  said  courts  thus 
convened  in  special  session :  Provided,  That  in  counties  hold- 
ing regular  terms  of  their  County  Courts  in  said  month  of 
May.  or  the  first  Monday  of  June,  the  levy  hereby  required 
shall  be  made  at  such  regular  term. 

2.  Be  it  further  ordained,  That  the  act  of  the  last  extra 
session  of  the  General  Assembly,  entitled  "An  Act  to  enlarge 
the  powers  of  the  County  Courts  for  raising  revenue  for  county 
purposes;"  which  requires  the  Justices  of  the  several  County 


1862.]  State  Convention.  33 

Courts,  at  their  first  court  after  the  first  day  of  January  in 
every  year,  to  levy  a  tax  for  county  and  school  purposes,  &c, 
be,  and  the  same  is  hereby  modified  and  repealed,  so  far  as  -the 
same  may  apply  to  the  present  year,  1862, 

3.  Be  it  further  ordained.  That  this  ordinance  shall  expire 
and  be  inapplicable  after  the  year  1862. 

4.  Be  it  further  ordained,  That  those  counties  in  which  their 
County  Courts  have  already  levied  taxes  for  county  and  school 
purposes,  and  in  those  counties  in  which  they  may  hereafter 
levy  the  same  in  ignorance  of  the  provisions  of  this  ordinance, 
the  same  shall  be  void  and  of  no  effect. 

Passed  and  ratified  in  open  Convention  the  10th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 

Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  14.] 
A  RESOLUTION  TO  PRINT  AN  ORDINANCE. 

Resolved  by  the  Delegates  of  the  people  of  North  Carolina 
in  Convention  assembled.,  and  it  is  hereby  ordained  by  the  au- 
thority  of  the  same,  That  the  Secretary  of  the  State  be  author- 
ized and  directed  to  have  printed  three  hundred  copies  of  the 
ordinance  this  day  passed,  entitled  "  an  ordinance  concerning 
the  levying  of  taxes  by  the  County  Courts,"  and  forward  one 
copy  each  to  the  Sheriff,  County  Court  Clerk  and  Chairman  of 
the  County  Court  of  each  and  every  county  in  the  State. 

Passed  and  ratified  in  open  Convention  the  10th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 

Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L,  C.  Edwards,  Ass't  Secretary. 
5 


34  State  Convention.  [Feb., 

[No.  15.] 
AN  ORDINANCE  TO  AUTHORIZE  THE  HOLDING  OF 
A  COURT  OF  OYER  AND  TERMINER,  AT  WAYNES- 
VILLE,  IN  HAYWOOD  COUNTY. 

1.  Be  it  ordained  by  the  delegates  of  the  people  of  North 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  His  Excellency,  the  Governor 
of  the  State,  be,  and  he  is  hereby  authorized  and  requested  to 
issue  a  commission  to  any  one  of  the  Superior  Court  Judges  of 
this  State,  to  hold  a  court  of  Oyer  and  Terminer,  at  Waynes- 
ville,  in  the  county  of  Haywood,  for  the  purpose  of  trying  the 
persons  now  in  jail  at  that  place,  charged  with  high  crimes, 
which  Judge,  when  so  commissioned,  shall  be  clothed  with  all 
the  powers  necessary  for  the  trial  and  punishment  of  such  of- 
fenders, their  accomplices,  aiders  and  abettors. 

2.  Be  it  further  ordained,  That  the  said  Judge  shall  appoint 
a  day,  as  early  as  practicable,  for  holding  the  said  court,  and 
shall  give  notice  of  the  time  appointed  to  the  Solicitor  of  the 
District  and  the  Sheriff  of  the  county,  and  shall  direct  the 
Sheriff  to  notify  three  or  more  Justices  of  the  Peace  to  meet 
at  the  office  of  the  County  Court  Clerk  of  said  county,  and 
issue  a  venire  to  attend  the  said  court ;  and  the  Sheriff  shall 
summons  them  to  attend  at  the  time  appointed,  at  the  Court 
House  of  the  said  county,  and  the  Judge  shall  cause  the  Grand 
Jury  to  be  drawn  from  the  said  venire,  who  shall  serve  as 
Grand  Jurors,  to  pass  upon  any  bill  or  bills  which  may  be  sent 
before  them,  and  the  remainder  of  the  venire  shall,  unless  ex- 
cused by  the  court,  serve  as  traverse  jurors.  The  said  court 
shall  have  power  to  order,  if  necessary,  a  further  venire  in  said 
cases. 

3.  Be  it  further  ordained,  That  the  same  rules  and  regula- 
tions shall  govern  the  said  court  that  are  used  at  the  regular 
terms,  as  to  the  duties  of  the  Judge,  the  Soliciter,  the  Sheriff, 
and  all  others  concerned  in  the  said  causes  of  trial,  and  all  un- 
der the  same  pay,  &c. 


1862.]         State  Convention.  35 

4.  Be  it  further  ordained,    That  this  ordinance  shall  be  in 
force  from  and  after  its  ratification. 

Passed  and  ratified  in  open  Convention  the  10th  day  of  Feb- 
ruary, 1862. 

W.  N.  EDWARDS, 
Teste :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  16.] 

AN  ORDINANCE  GRANTING  BOUNTY  TO  CERTAIN 

NORTH  CAROLINA  VOLUNTEERS. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  Nor  tit 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  the  volunteers  from  this  State 
in  the  military  service  of  the  Confederacy,  where  North  Caro- 
lina is  or  may  be  credited  for  the  same  by  the  Confederate 
Government,  are  justly  entitled  to,  and  should,  therefore,  re- 
ceive the  bounty  authorized  by  the  acts  of  the  eighth  day  of 
May,  A.  D.,  1861,  and  of  the  tenth  day  of  May,  1861, 
whether  the  same  volunteered  first  to  the  State  or  directly  to 
the  Confederate  Government :  Provided,  however,  That  the 
officers  of  all  volunteers  directly  to  the  Confederate  States 
shall  make  such  returns  as  the  Governor  may  require. 
.  2.  Be  it  further  ordained,  That  the  Governor  be  authorized 
and  requested  to  direct  the  paymaster  to  pay  all  volunteers  who' 
may  not  have  received  the  same,  such  bounty  as  they  arc  de- 
clared to  be  entitled  to  by  the  above  section  of  this  ordinance. 
Passed  and  ratified  in  open  Convention  the  10th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


36  State  Convention.  [Feb., 

[No.  17.] 
AN  ORDINANCE  SUPPLEMENTAL  TO  AN  ORDI- 
NANCE, RATIFIED  AT  THE  PRESENT  SESSION 
OF  THIS  CONVENTION,  ENTITLED  "AN  ORDI- 
NANCE IN  ADDITION  TO  AND  AMENDMENT  OF 
AN  ACT  OF  THE  GENERAL  ASSEMBLY,  RATI- 
FIED THE  15th  DAY  OF  FEBRUARY,  1861,  ENTI- 
TLED AN  ACT  TO  INCORPORATE  THE  CHATHAM 
RAILROAD  COMPANY,  AND  TO  REPEAL  AN  ACT 
SUPPLEMENTAL  THERETO,  RATIFIED  THE  23rd 
■  OF  FEBRUARY,  1861,"  AND  AUTHORIZING  CER- 
TAIN PERSONS  TO  OPEN  BOOKS  OF  SUBSCRIP- 
TION TO  THE  CAPITAL  STOCK  OF  SAID  COM- 
PANY. 

1.  Be  ii  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same.  That  an  act  of  the  General  Assem- 
bly, entitled  ;'  An  act  to  incorporate  the  Chatham  Railroad 
Company,"'  be  amended  by  adding  to  the  section  2d,  the  fol- 
lowing :  "  And  a  majority  of  said  general  commissioners  shall 
be  competent  to  transact  business ;  and  in  the  mean  time  it 
shall  be  lawful  for  books  of  subscription  to  said  stock  to  be 
opened  in  the  city  of  Raleigh,  under  the  direction  of  Geo.  W. 
Mordecai,  William  Henry  Jones  and  Wra.  W.  Vass,  or  either 
of  them  ;  in  the  town  of  Newbern,  under  the  direction  of  Ed. 
Stanly,  A.  T.  Jerkins,  W.  II.  Oliver,  or  any  one  of  them ;  in 
*  the  town  of  Goldsboro',  under  the  direction  of  E.  A.  Thomp- 
son, Richard  Washington,  P.  A.  Wiley,  or  any  one  of  them ; 
at  Pittsboro',  under  the  direction  of  H.  A.  London,  John  H. 
Haughton,  John  A.  Womack,  or  any  one  of  them ;  at  Hay- 
wood, under  the  direction  of  B.  I.  Howze,  R.  K.  Smith  and  I. 
N.  Clegg,  or  any  one  of  them :  at  Warrenton,  under  the  direc- 
tion of  J.  B.  Batchelor,  John  White,  Richard  T.  Arrington,  or 
any  one  of  them  ;  at  Hillsboro',  under  the  direction  of  William 
A.  Graham,  Thomas  Webb,  P.  B.  Ruffin,  or  any  one  of  them; 


1862.]  State  Convention.  37 

at  Smithfield,  under  the  direction  of  J.  W.  B.  Watson,  Edwin 
Sanders,  J.  B.  Beckwith,  or  any  one  of  them ;  at  Oxford,  under 
the  direction  of  S.  S.  Royster,  C.  H.  K.  Taylor,  R.  B.  Gilliam, 
or  any  one  of  them  ;  at  Louisburg,  under  the  direction  of  J. 
J.  Davis,  J.  King,  D.  S.  Hill,  or  any  one  of  them;  at  Norfolk, 
under  the  direction  of  S.  M.  Wilson,  Kader  Biggs,  Jas.  Gordon, 
or  any  one  of  them;  and  at  Petersburg,  under  the  direction  of 
W.  T.  Joynes,  R.  K.  Martin  and  George  D.  Baskerville,  or 
any  one  of  them ;  and  said  general  commissioners  shall  have 
power  to  appoint  a  Chairman  of  their  body,  Treasurer,  and  all 
other  officers  their  organization  may  require,  and  to  sue  for  and 
recover  all  sums  of  money  that  ought,  under  said  act,  to  be  re- 
covered by  them  in  the  name  of  said  corporation. 

Passed  and  ratified  in  open  Convention  the  10th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.   N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary,  , 

L.  C.  Edwards,  Assistant  Secretary. 


[No.   18.] 

RESOLUTIONS  RELATING   TO  RE-ENLISTMENT  OF 
VOLUNTEERS. 

Resolved,  That  in  the  opinion  of  this  Convention,  it  is  of  the 
utmost  importance,  in  the  existing  war,  that  our  country  shall 
not  lose  the  services  of  the  gallant  volunteers  of  this  State  at 
the  expiration  of  their  present  term  of  twelve  months,  and 
that  such  incentives  to  re-enlist  should  be  held  out  to  them  as 
may  induce  their  return  to  the  army,  after  a  brief  interval  for 
visiting  their  homes. 

Resolved,  That  the  Congress  of  the  Confederate  States  should 
offer  such  inducements  in  bounties  of  money  and  public  land, 
devolving  to  them  from  the  United  States,  within  the  States  of 


38  State  Convention.  [Feb., 

the  Confederacy  and  in  the  territories ;  and  in  pensions,  in 
case  of  death,  disability,  and  long  terms  of  service,  to  volun- 
teers enlisting  for  the  Avar,  as  will  procure  the  return  of  those 
inured  to  the  service,  and  shall  prevail  with  others  to  follow 
their  example  in  filling  up  the  ranks  of  the  army. 

Resolved,  That  any  volunteers  of  this  State  re-enlisting  in 
the  service  as  herein  proposed,  should  have  the  privilege  of 
choosing  their  company  officers  by  companies,  and  their  regi- 
mental field  officers  by  the  commissioned  officers  of  companies, 
and  in  forming  regiments,  the  companies  heretofore  associated 
should  be  kept  together  where  they  are  filled  up  in  convenient 
time,  and  any  new  companies  should  be  added  to  the  regiment 
having  nearest  its  complement,  when  such  new  company  shall 
be  received  into  the  service. 

Resolved,  That  a  copy  of  these  resolutions  be  transmitted  by 
the  Secretary  of  this  Convention  to  the  Senators  and  Repre- 
sentatives of  this  State  in  the  Confederate  Congress,  with  a 
request  that  they  bring  the  subject  embraced  in  them  to  the 
consideration  of  Congress. 

Passed  and  ratified  in  open  Convention  the  14th  day  of 
February,  A.  D.,  1862.       , 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  19.] 

RESOLUTIONS  CONCERNING  THE  MANUFACTURE 

OF  SULPHUR  AND  SALTPETRE. 

1.  Resolved,  That  the  Governor  be  requested,  and  he  is  here- 
by authorized  to  employ  the  necessary  force  and  procure  the 
necessary  apparatus  to  manufacture  Sulphur  and  Saltpetre  for 
the  use  of  the  State,  at  such  place  or  places,  in  or  out  of  this 


1862.]  State  Convention.  39 

Stats,  as  he  may  deem  proper,  and  that  he  draw  upon  the 
Treasury  for  the  money  to  meet  the  expense  thereof. 

Resolved,  That  the  Governor  be  requested  to  call  upon  the 
Government  of  the  Confederate  States  for  a  supply  of  ammui- 
tion  for  our  militia  and  other  forces. 

Passed  and  ratified  in  open  Convention  the  14th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Te8te  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards',  Ass't  Secretary. 


[No.  20.] 
RESOLUTION  TO  RAISfe  CERTAIN  ARTILLERY  COM- 
PANIES FOR  THE  DEFENCE  OF  WILMINGTON. 

1.  Resolved,  That  the  Governor  be,  and  he  is  hereby  au- 
thorized to  raise  by  volunteer  enlistment,  not  exceeding  three 
artillery  companies  to  serve  at  the  batteries  already  erected,  or 
which  may  hereafter  be  erected  on  the  Cape  Fear  River,  below 
or  at,  and  in  the  vicinity  of  the  town  of  Wilmington,  and  that 
the  men  constituting  such  companies  be  entitled  to  the  same 
bounty,  pay  and  allowances  as  are  by  law  allowed  to  the  com- 
panies in  the  service  of  the  Confederate  States. 

2.  Be  it  further  resolved,  That  the  Governor  be  authorized 
to  appoint  Captains  and  Lieutenants  to  recruit  such  companies  ; 
the  term  of  service  of  said  companies  to  be  for  twelve  months, 
or  for  three  years  or  the  war,  unless  sooner  discharged  by  the 
Governor.  • 

Passed  and  ratified  in  open  Convention  the  15th  day  of  Feb- 
ruary, A.  D.,  1862. 

F.  B.  SATTERTHWAITE, 

Teste  :  President  pro  tern. 

W.  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


40  State  Convention.  [Feb., 

[No.  21.] 
AN  ORDINANCE  TO   PROVIDE  FOR   THE  ASSUMP- 
TION  AND    PAYMENT    OF    THE    CONFEDERATE 
TAX 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  Caro- 
lina, in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  the  State  of  North  Carolina  will, 
and  doth  hereby  assume  the  payment  of  the  tax  known  as  the 
war  tax,  levied  by  the  government  of  the  Confederate  States 
upon  the  people  of  North  Carolina,  by  an  act  of  the  Confede- 
rate Congress,  ratified  on  the day  of  ,  1861. 

2.  Be  it  further  ordained,  That  in  order  to  provide  the 
means  for  the  payment  of  said  tax,  the  Treasurer  of  the  State 
is  hereby  directed  to  issue  Treasury  notes,  redeemable  in  five 
years,  to  an  amount  not  exceeding  a  sum  sufficient  to  provide 
the  payment  of  said  tax,  which  notes  shall  be  made  convertible, 
at  the  option  of  the  holder,  into  coupon  bonds  bearing  seven 
per  cent,  interest,  payable  semi-annually,  at  the  Treasury,  and 
such  bonds  being  redeemable  ten  years  after  date. 

8.  Be  it  further  ordained,  That  the  Public  Treasurer  is 
hereby  directed,  when  called  upon  to  do  so,  to  issue  the  coupon 
bonds  described  in  the  preceding  section  of  this  ordinance  for 
the  purpose  therein  specified. 

4.  Be  it  further  ordained,  That  the  Treasurer  is  hereby 
directed  to  apply  the  Treasury  notes  to  be  issued  in  obedience 
to  this  ordinance,  in  such  manner  as  may  be  necessary  to  the 
payment  of  said  Confederate  tax,  which  he  is  hereby  directed 
to  make. 

5.  Be  it  further  ordained,  That  in  payment  of  the  Treasury 
notes  hereby  authorized,  or  of  the  bonds  in  which  they  are 
funded,  the  funds  in  the  Treasury  derived  from  the  ordinary 
subjects  of  taxation,  shall  not  be  used,  but  the  same  shall  be 
raised  by  a  tax  on  the  same  subjects  of  taxation,  with  the  same 
exemptions  that  are  made  in  the  act  of  the  Confederate  Con- 
gress imposing  said  tax,  so  that  the  white  polls  and  persons 


1862.]  State  Convention.  41 

whose  estates  do  not  exceed  five  hundred  dollars,  shall  not  be 
liable  to  pay  any  part  thereof;  and  those  who  have  money  in 
possession  or  in  deposit,  shall  be  liable  as  under  said  act  of 
Congress. 

6.  Be  it  farther  ordained.  That  for  the  purposes  of  raising 
the  money  to  pay  said  Treasury  notes  or  bonds  in  which  they 
may  be  funded,  an  additional  tax  list  shall  be  made  out,  setting 
forth  only  the  subjects  of  taxation  enumerated  in  the  said  act 
of  the  Confederate  Congress,  and  the  Treasurer  shall  open  and 
keep  a  separate  account  of  said  fund. 

Passed  and  ratified  in  open  Convention  the  17th  day  of  Feb- 
ruary, A.  D.,  1862. 

WILL.  A.  GRAHAM, 
Teste :  President  pro  tem. 

Walter  L.  Steele,  Secretary. 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  22.] 

A  RESOLUTION  IN  FAVOR  OF  SOLDIERS  DETAINED 

AT  RAILROAD  STATIONS  IN  THIS  STATE. 

Resolved,  That  the  Quartermaster  and  Commissary  at 
Raleigh  and  other  railroad  connections  in  this  State  be  directed, 
if  in  their  power,  to  furnish  all  volunteers  who  may  be  neces- 
sarily detained  at  these  places,  with  food  and  lodging  so  long 
as  they  are  necessarily  detained,  and  they  shall  be  allowed  the 
same  in  the  settlement  of  their  accounts. 

Passed  and  ratified  in  open  Convention  the  17th  day  of  Feb- 
ruary, A.  D.,  1862. 

F.  B.  SATTERTHWAITE, 
Teste  :  President  pro  tem. 

W.  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 
6 


42  State  Convention.  [Feb., 

[No.  23.] 

AN  ORDINANCE  TO  RAISE  NORTH  CAROLINA'S 

QUOTA  OF  CONFEDERATE  TROOPS. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  it  shall  be  the  duty  of  the  Gov- 
ernor, from  time  to  time,  to  issue  his  proclamation  calling  for 
volunteers  to  meet  the  requisitions  of  the  Confederate  Govern- 
ment, now  made,  or  hereafter  to  be  made :  Provided,  however, 
That  volunteers  heretofore  in  service,  re-enlisting,  shall  have 
credit  for  the  time  they  have  served  :  Provided,  further,  That 
said  volunteers  shall  not  be  for  a,  longer  time  than  three  years, 
and  to  be  sooner  discharged  in  case  the  present  war  terminates 
before  the  expiration  of  that  time :  And,  provided  further, 
That  the  Governor  shall  not  be  required  to  keep  in  the  Con- 
federate service  more  than  the  regular  quota  of  North  Carolina. 

2.  Be  it  further  ordained,  That  the  Governor  shall  call  upon 
the  counties  to  furnish,  by  volunteering,  the  necessary  number 
of  troops,  under  the  present  requisition,  according  to  white 
population  (after  crediting  them  with  the  troops  already  in  the 
service,  for  three  years  or  the  war,  and  the  volunteers  for  twelve 
months)  to  complete  their  respective  quotas,  on  or  before  the 
15th  of  March,  1862. 

3.  Be  it  further  ordained,  That  the  Governor  shall  require 
each  Captain  now  in  the  service,  on  or  before  the  15th  day  of 
March,  1862,  to  return  to  the  Adjutant  General  a  list  of  the 
officers  and  men  under  his  command,  with  the  county  of  the 
residence  of  each  at  the  time  of  his  entry  into  service. 

4.  Be  it  further  ordained,  That  the  Governor  shall  call  up- 
on the  several  captains  of  volunteer  companies  from  North  Car- 
olina in  the  field  for  twelve  months,  or  officers  in  command  of 
companies,  to  muster  their  companies  for  re-enlistment,  and 
shall  make  known  to  them  the  earnest  desire  of  this  Conven- 
tion and  the  people  of  North  Carolina,  that  they  shall  enlist 
for  three  years  or  the  war,  and  in  order  to  forward  this  purpose, 


1862.]         State  Convention.  43 

the  captains  of  companies  or  officers  in  command  of  the  com- 
pany, on  the  occasion  of  such  muster,  shall  put  the  question 
distinctly  to  every  officer  and  soldier  belonging  thereto,  wheth- 
er he  will  re-enlist  for  three  years  or  the  war,  or  not ;  and 
those  agreeing  so  to  re-enlist,  he  will  cause  to  subscribe  a  roll 
containing  such  obligation,  with  their  names  and  places  of  res- 
idence at  the  times  of  their  first  entry  into  service,  and  the 
signatures  of  the  persons  so  re-enlisting  shall  be  as  binding  as 
if  they  had  been  mustered  into  service  ;  which  lists  he  will  im- 
mediately return  to  the  office  of  the  Adjutant  General  of  the 
State. 

5.  Be  it  further  ordained,  That  volunteer  companies  now  in 
service,  re-enlisting,  may  retain  their  present  organization,  or 
re-organize  at  their  option ;  and  that  all  volunteers  not  re-en- 
listing with  present  organization,  shall  be  thrown  into  compa- 
nies and  proceed  to  elect  company  commissioned  officers,  who 
shall  be  commissioned  by  the  Governor  ;  and  the  company 
commissioned  officers  shall  elect  their  field  officers  :  Provided, 
however,  That  the  commissions  of  all  officers,  company  or  field, 
who  shall  be  re-elected,  shall  bear  the  dates,  of  their  former 
commissions. 

•  6.  Be  it  further  ordained,  That  the  Governor  shall  have 
power  to  appoint  captains  and  lieutenants  to  recruit  men  for 
the  service  aforesaid,  and  to  organize  the  men  so  recruited  into 
companies  and  regiments ;  and  the  company  commissioned 
officers  shall,  in  all  cases,  elect  their  field  officers  under  the 
rules  now  prescribed  :  Provided,  however,  That  no  person  shall 
receive  a  commission  or  pay  under  said  appointments,  except 
as  follows :  When  any  person  shall  tender  forty  privates,  who 
in  writing  have  agreed  to  serve  under  him,  a  Captain's  commis- 
sion and  pay  ;  and  in  like  manner  for  twenty-five  privates,  a 
first  Lieutenant's  commission  and  pay ;  and  for  fifteen  privates 
a  second  Lieutenant's  commission  and  pay. 

7.  Be  it  further  ordained,  That  a  bounty  of  fifty  dollars, 
deducting  the  bounty  already  paid,  shall  be  paid  by  the  State 
to  all  privates,  musicians,  and  non-commissioned  officers  whose 


44  State  Convention.  [Feb., 

term  of  service  altogether  shall  be  for  three  years  or  the  war, 
to  be  paid  at  the  following  times,  to-wit :  To  all  volunteers  now 
in  service  at  the  time  of  their  re-entry  into  service  ;  to  all  now 
in  the  service  for  three  years  or  the  war,  at  the  expiration  of 
their  first  year's  service  ;  to  all  new  volunteers,  at  the  time  of 
their  entry  into  service  :  Provided,  however,  That  any  soldier 
may  permit  his  bounty  to  remain  in  the  Treasury  and  draw  the 
same,  with  interest,  at  the  expiration  of  one  year  from  the 
time  it  is  due,  or  at  the  time  of  his  discharge  :  And,  provided 
further,  That  such  payment  may  be  made  in  Treasury  notes, 
unless  otherwise  provided  by  law. 

Passed  and  ratified  in  open  Convention  the  19th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Ass't  Secretary. 


[No.  24.] 
AN  ORDINANCE    TO    PROHIBIT,    FOR   A  LIMITED 
TIME,   THE  MANUFACTURE   OF  SPIRITUOUS  LI-. 
QUORS  FROM  GRAIN. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  Caro- 
lina in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  there  shall  be  a  tax  of  thirty  cents 
levied  on  each  gallon  of  spirituous  liquors  manufactured  in  this 
State,  out  of  any  corn,  wheat,  rye  or  oats,  or  any  mixture  of 
any  or  either  of  them,  from  the  ratification  of  this  ordinance 
up  to  the  fifteenth  day  of  April  next. 

2.  Be  it  further  ordained,  That  from  and  after  the  fifteenth 
day  of  April  next,  it  shall  not  be  lawful  for  any  person  in  this 
State  to  distil  any  such  spirituous  liquors,  and  all  persons 
guilty  of  violating  this  section  of  this  ordinance  shall,  for  each 


1862.]  State  Convention.  45 

and  every  act  of  distillation,  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  or  imprisoned  at  the  dis- 
cretion of  the  court ;  the  fine  not  to  be  less  than  one  hundred 
dollars,  or  the  imprisonment  less  than  thirty  days. 

3.  Be  it  further  ordained,  That  there  shall  be  levied  a  tax 
of  one  dollar  on  every  gallon  of  spirituous  liquors  sold  in  this 
State,  not  of  the  manufacture  of  this  State  ;  and  said  tax  shall 
be  paid  by  the  seller,  and  should  the  seller  be  a  non-resident, 
then  the  tax  shall  be  paid  by  the  purchaser. 

4.  Be  it  further  ordained,  That  each  and  every  person, 
when  he  gives  in  his  list  of  taxable  property,  shall  also  give  in, 
on  oath,  to  the  magistrate  taking  said  list,  the  number  of  gal- 
lons of  spirituous  liquors  on  which  he  is  liable  to  pay  taxes 
under  the  provisions  of  this  ordinance,  under  the  penalties, 
liabilities  and  forfeitures  already  provided  by  law  in  such  cases. 

5.  Be  it  further  ordained,  That  the  tax  of  one  dollar,  men- 
tioned in  section  third  of  this  ordinance,  shall  not  apply  to 
liquors  brought  into  this  State  before  the  first  day  of  March 
next. 

6.  Be  it  further  ordained,  That  this  ordinance  shall  be  in 
'force  from  and  after  its  ratification,  and  continue  in  force  until 
the  first  day  of  January,  1863,  and  no  longer,  unless  re-enacted, 
modified  or  amended  by  the  General  Assembly. 

Passed  and  ratified  in  open  Convention  the  21st  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.   25.] 
AN  ORDINANCE  RELATIVE  TO  THE  EXPENSES  IN- 
CURRED BY  THE  BOARD  OF  CLAIMS. 

Be  it  ordained  by  the  delegates  of  the  people  of  North  Caro- 
lina in  Convention  assembled,  and  it  is  hereby  ordained  by  the 


46  State  Convention.  [Feb., 

authority  of  the  same,  That  the  Board  of  Claims  may  draw 
upon  the  Public  Treasurer  for  all  incidental  expenses  necessa- 
rily incurred  by  them  in  the  discharge  of  their  official  duties  : 
Provided,  That  such  expenses  shall  not  exceed,  in  the  whole, 
the  sum  of  five  hundred  dollars  :  And,  provided  further,  That 
said  Board  shall,  in  their  final  account,  render  to  the  State  a 
statement  of  all  monies  by  them  expended  under  this  ordi- 
nance. 

Passed  and  ratified  in  open  Convention  the  21st  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[No.  26.] 

AN  ORDINANCE  TO   MAKE   SOME   PROVISION  FOR 

THE  FAMILIES  OF  SOLDIERS  DYING  IN  SERVICE. 

1.  Be  it  ordained  by  the  delegates  of  the  people  of  North  Car- 
olina in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  in  case  of  the  death  in  service  of 
any  soldier,  intestate,  who,  at  the  time  of  his  death  was,  or 
shall  be,  entitled  to  bounty  or  any  arrearages  of  pay  from  this 
State,  such  bounty  and  pay  shall  belong  and  be  payable  to  the 
widow  of  such  intestate  soldier,  and  if  there  be  no  widow,  to 
his  children,  and  if  there  be  no  children,  then  to  his  next  of 
kin  as  designated  in  the  Statute  of  Distributions,  and  in  the 
proportions  therein  prescribed,  and  the  identity  of  the  person 
or  persons  claiming  the  same,  and  the  degree  of  relationship 
of  him,  her  or  them,  to  the  intestate  as  aforesaid,  shall  be  es- 
tablished to  the  satisfaction  of  the  proper  executive  or  military 
authorities,  according  to  such  regulations  and  rules  as  may  be 
prescribed  by  the  said  authorities. 


1862.]  State  Convention.  47 

2.  Be  it  further  ordained,  That  any  person  who  shall  wilful- 
ly swear  falsely  in  any  affidavit,  deposition  or  testimony  made 
or  given  for  the  purpose  of  establishing  or  endeavoring  to  es- 
tablish a  claim  to  any  such  bounty  or  pay,  shall  be  guilty  of 
perjury,  and  upon  conviction  thereof  shall  be  punished  accord- 
ingly- 
Passed  and  ratified  in  open  Convention  the  22d  day  of  Feb- 
ruary, 1862. 

W.  N.  EDWARDS, 

Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  27.] 

AN  ORDINANCE  CONCERNING  THE  PAYMASTER'S 
DEPARTMENT. 

1.  Be  it  ordained  by  the  delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained 
hy  the  authority  of  the  same,  That  the  twenty-third  section  of 
the  act  of  the  last  session  of  the  General  Assembly,  entitled 
*'  Militia  Bill,"  be  amended  as  follows  :  "That  there  shall  be 
one  additional  officer  appointed  by  the  Governor,  to  be  attached 
as  Assistant  to  the  Paymaster's  Department,  with  the  rank  and 
pay  of  a  First  Lieutenant,  who  shall  be  subject  to  the  same 
chief  of  the  said  department,  and  to  the  rules  and  regulations 
of  the  same. 

2.  Be  it  further  ordained,  That  the  said  office,  created  by 
this  ordinance,  may  be  vacated  by  the  Governor  or  the  Legisla- 
ture, whenever  the  public  interest  may  require. 

Passed  and  ratified  in  open  Convention  the  24th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


48  State  Convention.  [Feb., 

[No.  28.] 
RESOLUTION  IN  BEHALF  OF  WILLIAM  R.  LOVELL. 

Resolved,  That  the  Treasurer  of  the  State  pay  to  William 
R.  Lovell  the  sum  of  eighty-two  dollars,  expended  by  him  for 
the  use  of  the  sick  soldiers  of  the  eleventh  regiment  of  North 
Carolina  Volunters,  near  Manassas,  when  employed  as  a  nurse 
in  August  and  September  last. 

Passed   and  ratified  in  open  Convention  the  25th   day   of 

February,  A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Ass't  Secretary. 


[No.  29.] 
A  RESOLUTION  IN  FAVOR  OF  THE  DOORKEEPERS. 

Resolved,  That  the  Treasurer  pay  to  the  Doorkeepers  of  the 
Convention  twenty-five  dollars  each,  for  servants'  hire  and  extra 
expenses  incurred  by  them  during  the  present  session. 

Read,  passed  and  ratified  in  open  Convention  the  24th  day 

of  February,  A.  D.,  1862. 

W.  N.  EDWARDS, 

r[<este  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[No.  30.] 
AN  ORDINANCE  TO  ENCOURAGE   THE  MANUFAC- 
TURE OF  COTTON  AND  WOOL  CARDS. 

Be  it  ordained  by  the  delegates  of  the  people  of  North  Caro- 
lina, in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,   That  if  any  person  or  persons  shall 


1862.]  State  Convention.  4"9 

erect  buildings  and  construct  machinery,  for  the  purpose  of 
manufacturing  cotton  and  wool  cards,  and  shall  make  proof  to 
the  Governor  of  the  cost  of  such  works,  the  Governor  be,  and 
he  is  hereby  authorized  to  draw  on  the  Treasurer  for  sums  not 
exceeding  the  cost  of  said  works,  to  be  loaned  to  the  owners 
thereof,  on  the  execution  by  them  of  bonds  payable  to  the 
State,  with  sufficient  security,  conditioned  to  repay  such  sums 
at  such  time  as  the  General  Assembly  may  prescribe,  and  with 
such  interest  as  may  be  required,  not  exceeding  six  per  cent, 
per  annum :  Provided,  That  such  advances  shall  not  exceed, 
in  the  aggregate,  the  sum  of  ten  thousand  dollars :  And,  pro- 
vided further,  That  the  cards  thus  manufactured  shall,  in  the 
first  place,  be  offered  to  sale  to  the  citizens  of  this  State. 

Passed  and  ratified  in  open  Convention  the  25th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pros,  of  Convention. 

W.  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  31.] 
AN  ORDINANCE  FOR  THE  PAYMENT  OF  CLAIMS 
AUDITED  AND  ALLOWED  BY  THE  BOARD  OF 
CLAIMS'. 

1.  Be  it  ordained  by  the  delegates  of  the  people  of  North 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  the  Public  Treasurer,  upon 
the  warrant  of  the  Governor,  pay  to  Samuel  L.  Dill,  of  Car- 
teret, the  sum  of  thirteen  hundred  dollars  ;  to  G.  W.  Dill  k 
Co.,  of  Carteret,  fourteen  hundred  and  thirty-three  dollars  .tin I 
thirty-three  cents;  to  W.  G.  Towler,  of  New  Hanover,  thirty- 
two  dollars  and  fifty  cents  ;  to  the  Marine  Railway  Company, 
of  New  Hanover,  forty-eight  dollars  and  ten  cents ;  to  Dr.  Jno. 
7 


50  State  Convention.  [Feb., 

F.  Miller,  High  Point,  forty  dollars  and  ninety  cents  ;  to  Mc- 
Intyre  &  Brown,  New  Hanover,  sixty-eight  dollars  and  twenty- 
six  cents  ;  to  Thomas  H.  Allen,  of  Craven,  fifty-seven  dollars  ; 
to  J.  M.  M.  Houston  &  Co.,  Lincoln,  one  hundred  and  four 
dollars  and  fifty-seven  cents  ;  to  John  M.  Wolfe,  Orange,  three 
dollars  and  fifty  cents ;  to  E.  H.  Cunningham,  Buncombe,  one 
hundred  and  forty-three  dollars  and  twenty-five  cents ;  to 
Willie  Walston,  Edgecombe,  forty-six  dollars  and  sixty-five 
cents ;  to  P.  B.  Hardin  &  Co.,  Alamance,  eight  dollars  and 
thirty-five  cents  ;  to  Dr.  W.  D.  Somers,  White  Sulphur  Spings, 
Va.,  five  dollars  and  seventy-five  cents;  to  E.  J.  Hale  &  Sons, 
Cumberland,  five  dollars  and  thirty  cents ;  to  J.  H.  Wood, 
Rowan,  two  hundred  and  fifty-eight  dollars  and  forty-eight 
cents  ;  to  John  A.  Graves,  Caswell,  twelve  dollars  and  sixty 
eents  ;  to  H.  C.  Stroud,  assignee  for  Frank  Harris,  Orange, 
thirty  dollars  ;  to  Harris  &  Howell,  New  Hanover,  sixty  dol- 
lars; to  Philip  Sale,  Greenville  County,  Va.,  twenty-five  dol- 
lars ;  to  Joseph  Barnham,  Northampton,  seven  dollars  ;  to  Phifer 
&  York,  Cabarrus,  one  thousand  and  thirty-nine  dollars  and 
sixty-seven  cents  ;  to  Samuel  Calvert,  Northampton,  one  hun- 
dred and  fifty  dollars  ;  to  W.  P.  Lloyd,  Edgecombe,  ninety-six 
dollars  and  seventy-five  cents  ;  to  Edwin  M.  Holt,  Alamance, 
two  hundred  and  eighty  dollars  and  thirty-two  cents  ;  to  Jas. 
Tiddy,  Lincoln,  forty  dollars  ;  to  William  Tiddy,  Lincoln,  four 
dollars ;  to  John  L.  Bridgers,  Edgecombe,  thirty-five  dollars 
and  fifty-five  cents  ;  to  D.  C.  McGregor,  Buncombe,  six  dol- 
lars and  twenty-five  cents  ;  to  W.  H.  Stone,  Buncombe,  fifty- 
nine  dollars  and  twenty-five  cents;  to  R.  S.  Alexander,  Bun- 
combe, thirty-three  dollars  and  three  cents  ;  to  S.  H.  Christian, 
Montgomery,  thirty-four  dollars  and  seventy-five  cents ;  to  Isaac 
Ramsey,  Carteret,  ninety-six  dollars  and  eighty-four  cents  ;  to 
Isaac  Ramsey,  assignee  for  L.  H.  Styron,  Carteret,  fifteen  dol- 
lars and  sixty  cents ;  to  Jos.  S.  Norman,  Washington,  thirty- 
three  dollars  ;  to  Dr.  Peter  E.  Hines,  Craven,  one  hundred  and 
two  dollars  and  sixty  cents  ;  to  Dr.  A.  C.  Folson,  Brunswick, 
ninety  dollars ;  to  J.  R.  and  W.  B.  Cainer,  Martin,  forty-six 
dollars  and  thirty-eight  cents  ;  to  Dunn  &  Spencer,  Petersburg, 


1862.]  State  Convention.  51 

one  hundred  and  thirty-three  dollars    and   seventy-six    (cents) 
dollars  ;  to  Fulton  &  Price,  New  Hanover,  twenty-two  dollars 
and  fifty  cents  ;  to  Hart  &  Baily,  New  Hanover,    two  hundred 
and  sixty-eight  dollars  and  fifty-eight  cents  ;  to  John  P.  Mabry, 
Davidson,  twenty  dollars   and   twenty   cents  ;  to  J.  B.  White- 
hurst,  Carteret,  twenty-four  dollars  ;  to  Thomas  Duncan  &  Son, 
Carteret,  eighty-three  dollars  and  seventeen  cents  ;  to  E.  G. 
Clark,   Wilson,  fifty  dollars  and    twenty-five    cents ;  to  Mrs. 
Sarah  A.  Rcid,   Wake,  thirty-five  dollars;  to  Patton  &  Alex- 
ander, Buncombe,    two  hundred   and  forty-three  dollars  and 
forty   cents;    to    A.   Mitchell   &  Son,   Craven,   two   hundred 
and  fifty  dollars  and  twenty-five  cents ;  to  W.  W.  Smith,  Bun- 
combe, two  hundred  and  thirty-five  dollars  and  sixty-one  cents  ; 
to  Benjamin  M.  Walker,  Washington,  one  hundred  and  twenty- 
eight  dollars  and  ninety  cents  ;  to  J.  F.  Crawley,  Beaufort,  one 
hundred  and  thirty-eight  dollars  and  fifty-five  cents ;  to  Capt. 
C.  M.  Avery,  Burke,  forty-two  dollars  and  fifty  cents  ;  to  Do- 
zier  &  Co.,  Edgecombe,  eighty-one  dollars  and  thirty-five  cents: 
to  Jacob  Bachman,  Chowan,  twenty-four  dollars  and  thirty-five 
r<  uts ;  to  J.  L.  Pennington,  Craven,  seventy-seven  dollars  and 
forty-three  cents  ;    to  E.  G.  Mangum  &  Co.,  Orange,  one  hun- 
dred and  eight  dollars  and  thirty-nine  cents  ;    to  W.  C.  King. 
Carteret,  two  hundred  and  fifty-eight  dollars  and  eighty  cents : 
to  Geo.  W.  Ward,  Martin,  twenty-five  dollars  ;  to  W.  W.  Hap- 
per,  Halifax,  fifty  dollars  and  thirty  cents  ;    to  J.  J.  Jenkins, 
Cleveland,  twenty-six  dollars  and  thirty-three  cents  ;  to  Miller 
<fc  Foster,  Davidson,  three  hundred  and    forty-two  dollars  and 
twenty-eight    cents  ;    to  James  A.  Washington,    Wayne,    five 
hundred  and  ninety-one  dollars  and  fifty-nine  cents  ;  to  Rich'd 
C.  Coher,  Northampton,  forty-five  dollars  ;  to  J.  R.  Davidson, 
Iredell,  forty-six    dollars    and    ninety-three    cents ;    to    Polk 
county,  five  hundred  and  one   dollars   and  twenty-eight  cents  ; 
to  Richmond  county,  three  thousand  three  hundred    and   nine- 
teen   dollars    and  thi*ty-one  rent.- ;   to  Alamance  county,    two 
thousand  six   hundred    and    ninety-one    dollars    and    fifty-four 
cents;  to  Iredell  county,  two  thousand  one  hundred  and  forty- 
nine  dollars   and    eighty-six  cents ;  to  Macon  county,  six  hun- 


52  State  Convention.  [Feb., 

dred  and  fifty-four  dollars  and  seventy-five  cents  ;  to  Currituck 
county,  eighty-nine  dollars  and  ninety-one  cents  ;  to  Cumber- 
land count}',  five  thousand  four  hundred  and  thirty-seven  dol- 
lars and  sixty-six  cents  ;  to  Alexander  county,  five  hundred 
and  twelve  dollars  and  eleven  cents  ;  to  Lenoir  county,  six 
thousand  four  hundred  and  ninety-nine  dollars  and  nine  cents ; 
to  Joseph  H.  Neff,  New  Hanover,  one  hundred  and  sixty-three 
dollars  and  sixty  cents ;  to  Jerry  Drew,  and  others,  Northamp- 
ton, one  hundred  dollars  ;  to  Stanly  county,  two  thousand  seven 
hundred  and  thirty-three  dollars  and  thirty-five  cents ;  to  Surry 
county,  two  thousand  eight  hundred  and  fifty-three  dollars  and 
thirty-one  cents ;  to  Caswell  county,  three  thousand  nine  hun- 
dred and  forty-three  dollars  and  fifty-seven  cents  ;  to  Charles 
M.  Rogers,  one  hundred  and  eighty-five  dollars  and  sixty-five 
cents ;  and  to  Charles  H.  K.  Taylor,  assignee,  three  hundred 
and  twenty- two  dollars  and  sixty-nine  cents  ;  and  that  said  pay- 
ments be  made  without  prejudice  to  claims  which  have  been 
presented  and  not  allowed,  on  account  of  commutation  pay  re- 
ceived from  the  Confederate  States. 

Passed  and  ratified  in  open  Convention  the  25th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[No.  32.] 
AN  ORDINANCE  TO  TAX  MONEY. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assemhled,  and  it  is  hereby  ordained  by 
the  authority  of  the  same,  That  hereafter  all  monies  on  hand, 
and  all  monies  on  deposit  with  individuals,  or  in  the  banks  or 
other  corporations,  shall  be  taxed  one-fifth  of  one  per  cent.,  as 


1862.]         State  Convention.  53 

now  imposed  on  money  at  interest ;  and  all  persons  having 
money  in  possession  or  on  deposit,  as  aforesaid,  on  the  first  day 
of  A  pril  in  each  and  every  year,  shall  be  req  uired  to  list  the 
same  when  they  list  other  taxable  property,  under  the  same  lia- 
bilities and  responsibilities  as  are  now  imposed  by  law  for  failure 
or  neglect  to  list  other  taxable  property :  Provided,  That  bank 
notes  and  Confederate  State  Treasury  notes  shall  be  considered 
money. 

2.  Be  it  further  ordained,  That  the  provisions  of  this  or- 
dinance shall  not  apply  to  those  who  may  have  less  than  one 
hundred  dollars  to  list. 

3.  Be  it  further  ordained,  That  this  ordinance  may  be  mod- 
ified or  repealed  by  the  General  Assembly. 

Passed  and  ratified  in  open  Convention  the  26th  day 
of  February,  A.  D.,  1862. 

W.   N.  EDWARDS, 
Teste  :  Prcs.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  33.] 

AN  ORDINANCE  REGULATING  THE  APPOINTMENT 

OF  COMPANY  OFFICERS. 

Be  it  ordained  by  the  Delegates  of  the  people  of  North  Caro- 
lina, in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  whenever  a  vacancy  occurs  in  the 
commissioned  officers  of  any  of  the  companies  in  this  State, 
raised  under  an  act  entitled  "  an  act  to  raise  ten  thousand  State 
Troops,"  or  to  be  raised  under  the  ordinance  entitled  "an  or- 
dinance to  raise  North  Carolina's  quota  of  Troops,"  the  vacan- 
cy shall  be  filled  by  promotion  of  the  officers  next  in  grade  in 
in  said  company ;  and  whenever  a  vacancy  shall  occur  in  the 
office  of  junior  second  Lieutenant,  the  vacancy  shall  be  filled  by 


54  State   Convention.  [Feb., 

election  by  the  non-commissioned    officers  and   privates  of  the 
company  in  which  such  vacancy  occurs. 

Passed   and  ratified  in  open  Convention  the  26th    day   of 
February,  A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  34.] 

AN  ORDINANCE  CONFERRING  ON  THE  COMMIS- 
SIONERS OF  TOWN  OF  WILMINGTON  AND  OTHER 
TOWNS  CERTAIN  POWERS  FOR  THE  DEFENCE 
THEREOF. 

1.  Be  it  ordained,  #c,  That  the  commissioners  of  the  town 
of  Wilmington  shall  have  power  to  place  obstructions  in  the 
river,  and  to  erect  or  to  complete,  if  already  in  process  of  erec- 
tion, any  work  or  works  upon,  or  at  the  mouth  of  Cape  Fear 
River,  or  around,  near  or  within  the  said  town,  which  they  may 
deem  necessary  for  the  defence  thereof,  and  also  for  the  like 
purpose,  to  purchase  cannon,  powder,  ball  and  other  munitions 
of  war  :  Provided,  That  the  said  obstructions  are  placed  in  the 
river,  with  the  consent  of  the  Confederate  officer  in  command. 

2.  Be  it  further  ordained,  That  to  meet  the  expenses  which 
may  be  incurred  under  the  foregoing  section,  the  said  commis- 
sioners shall  have  power  to  borrow  money  upon  such  terms  and 
under  such  regulations  as  they  may  adopt,  and  to  impose  such 
taxes  upon  the  subjects  now  liable  to  taxation  within  said 
town  as  may  be  necessary. 

3.  Be  it  further  ordained,  That  whenever  the  commanding  offi- 
cer shall  certify  that  the  expenses  incurred  by  the  commission- 
ers under  this  ordinance  were  necessary  for  the  State  defence, 
the  same  shall  be  a  charge  upon  the  Public  Treasury  :  Provided^ 


1862.]  State  Convention.  55 

That  application  shall  have  first  been  made  to  the  Confederate 
Government,  and  they  shall  have  failed  to  assume  the  payment 
of  the  same  six  months  after  said  application. 

4.  Be  it  further  ordained,  That  the  provisions  of  this  ordi- 
nance be  extended  to  the  commissioners  of  the  towns  of  New- 
born and  Washington,  or  any  other  towns  that  may  make  the 
same  application,  under  similar  circumstances. 

Passed  and  ratified  in  open  Convention  the  26th  day  of  Feb- 
ruary, A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste  :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Ass't  Secretary. 


[No.  35.] 
AN  ORDINANCE  TO  PROVIDE   FOR  FUNDING  THE 
TREASURY   NOTES    OF   THIS   STATE,   AND   FOR 
OTHER  PURPOSES. 

1.  Be  it  ordained,  §c,  That  any  of  the  Treasury  notes 
issued  or  hereafter  to  be  issued  under  the  ordinance  of  this 
Convention,  ratified  the  1st  of  December,  1861,  directing  the 
issue  of  three  millions  of  Treasury  notes,  as  well  as  those 
issued  by  an  ordinance  of  the  present  session,  entitled  "An 
ordinance  to  provide  for  the  assumption  and  payment  of  the 
Confederate  Tax,"  may  be  funded  at  the  will  of  the  holder  in 
coupon  bonds  of  the  State,  to  be  prepared  by  the  Treasurer, 
and  payable  20  years  after  date,  or  sooner,  at  the  pleasure 
of  the  State,  and  bearing  interest  at  the  rate  of  eight  per  cent, 
per  annum,  payable  semi-annually  at  the  Treasury,  or  in  six 
per  cent,  bonds  of  the  State,  payable  30  years  after  the  1st  of 
January,  1862,  interest  payable  semi-annually,  exchangeable 
in  Treasury  notes,  at  the  option  of  the  holder,  from  time  to 
time,  until  the  Treasury  notes  fall  due,  said  bonds  being  of  the 
denominations  of  $500  and  $1,000,  in  equal  proportions. 


56  State  Convention.  [Feb., 

2.  Be  it  further  ordained,  That  all  taxes  due  to  the  State 
or  to  counties,  and  for  school  purposes,  or  taxes  for  the  poor, 
and  all  payments  for  entries  of  public  lands,  and  all  other  dues 
to  the  State,  and  all  fines  and  forfeitures  for  the  use  of  the 
State  or  counties,  shall  be  paid  in  Treasury  notes  of  the  State 
or  of  the  Confederate  States,  or  in  the  notes  of  such  of  the 
solvent  banks  of  this  State  as  shall  receive  and  continue  to 
receive  and  pay  out  as  money  at  par  the  Treasury  notes  of  this 
State,  or  in  gold  or  silver  coin ;  and  it  shall  be  the  duty  of  the 
Treasurer  to  issue  instructions  to  the  Sheriffs  and  tax  collectors 
in  the  several  counties  on  this  subject,  and  it  shall  not  be  law- 
ful for  any  Sheriff  or  collector  to  receive  taxes  in  any  other 
funds  than  as  directed  by  the  Treasurer  under  this  ordinance. 

3.  Be  it  further  ordained,  That  all  the  Treasury  notes 
funded  in  bonds,  or  paid  into  the  Treasury  for  taxes  or  other 
public  dues,  may  be  re-issued  in  payment  of  the  debts  of  the 
State,  or  in  exchange  for  six  per  cent,  bonds  of  the  State,  on 
application  of  the  holder  at  any  time  before  the  notes  fall  due : 
Provided,  That  the  Treasury  notes  issued  to  pay  the  Confede- 
rate tax  shall  not  be  used  to  pay  the  debts  of  the  State ;  and 
the  Treasurer  and  Comptroller  shall  each  keep  an  account  of 
all  notes  re-issued  and  those  refunded  in  bonds,  from  time  to 
time,  and  the  date  of  such  transaction,  and  particularly  noting 
the  interest  on  each  bond  when  taken  up,  and  the  amount  of 
interest  due  on  each  bond  when  exchanged  for  Treasury  notes, 
and  in  all  cases  shall  charge  the  party  receiving  such  bonds 
with  the  interest  due  at  the  time  of  delivery. 

4.  Be  it  further  ordained,  That  as  the  exigencies  of  the 
public  service  may,  in  the  opinion  of  the  Governor,  require 
before  the  first  day  of  January,  1863,  the  Public  Treasurer  is 
authorized  and  required  to  issue  other  Treasury  notes  as  afore- 
said, not  exceeding,  in  amount,  the  further  sum  of  fifteen  hun- 
dred thousand  dollars,  and  that  the  said  notes  shall  be  prepared, 
signed  and  issued  as  in  the  said  ordinance,  ratified  on  the  first 
day  of  December,  1861. 


/\ 


18G2.]  State  Convention.  57 

*  5.  Be  it  further  ordained,  That  the  aggregate  amount  of 
said  Treasury  notes  outstanding  at  any  one  time,  and  of  the 
bonds  given  in  exchange  for  or  discharge  of  Treasury  notes  as 
aforesaid,  shall  not  exceed  the  amount  of  such  notes  authorized 
by  law  heretofore,  or  in  this  ordinance ( 

6.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the 
Treasurer,  as  soon  as  convenient,  to  issue  Treasury  notes  of 
the  denominations  of  five,  ten  and  twenty  dollars  in  equal 
amounts,  instead  of,  and  to  exchange  for,  any  of  the  Treasury 
notes  heretofore  issued,  not  bearing  interest,  of  the  denomina- 
tions of  fifty  and  one  hundred  dollars,  on  the  application  of 
the  holders  of  said  notes,  and  when  so  taken  up  or  exchanged, 
the  said  notes  of  fifty  and  one  hundred  dollars  shall  be  cancel- 
led, and  the  same  shall  bo  noted  by  the  Treasurer  on  his  books 
and  on  the  books  of  the  Comptroller. 

7.  Be  it  further  ordained,  That  if  any  one  shall  falsely 
forge,  or  knowingly  pass,  or  offer  to  pass,  any  false,  forged,  or 
counterfeited  paper,  purporting  to  be  a  Treasurer  note  or  bond 
of  this  State,  he  shall  be  liable  to  indictment  in  the  Superior 
Courts  in  the  county  in  which  such  offence  may  be  committed, 
ami  on  conviction  thereof,  shall  suffer  all  the  pains  and  penal- 
ties, according  to  the  59th  section  of  the  34th  chapter  of  the 
Revised  Code. 

8.  Be  it  further  ordained,  That  in  addition  to  the  Treasury 
notes  heretofore  ordered  to  be  issued,  it  shall  be  the  duty  of 
the  Treasurer  to  issue  one  million  of  dollars,  in  small  denomi- 
nations, to-wit :  four  hundred  thousand  dollars  in  the  denomi- 
nation of  two  dollars,  four  hundred  thousand  dollars  in  the 
denomination  of  one  dollar,  one  hundred  thousand  dollars  in 
the  denomination  of  fifty  cents,  fifty  thousand  dollars  in  the 
denomination  of  twenty-five  cents,  twenty-five  thousand  dollars 
in  the  denomination  of  twenty  cents,  and  twenty-five  thousand 
dollars  in  the  denomination  of  ten  cents,  payable  on  the  first 
day  of  January,  1866,  to  be  used  in  liquidation  of  any 
claims  against  the  State  to  persons  willing  to  receive  the  same, 
but  not  to  be  funded  in  bonds  of  the  State,  but  shall  be  receiv- 


58  State  Convention.  [Feb.,  1862. 

able  in  payment  of  taxes  or  other  public  clues:  and  he  shall 
keep  an  accurate  account  of  the  issues,  from  time  to  time,  made! 
under  this  section  of  this  ordinance. 

9.  Be  it  further  ordained,  That  no  bank  receiving  the  Treas- 
ury notes  of  this  State,  as  contemplated  in  the  second  section 
of  this  ordinance,  shall  be  required  to  receive,  or  have  on  hand 
at  any  one  time,  more  than  two-fifths  of  the  capital  stock  of 
Mich  bank  in  said  notes. 

10.  Be  it  further  ordained.  That  BO  much  of  the  act  of  the 
General  Assembly,  entitled  "An  act  to  provide  ways  and 
means  for  the  defence  of  the  State,"  ratified  September  18th, 
1861,  as  authorizes  the  issue  of  one  million  dollars  of  the 
denominations  of  two  dollars,  one  dollar,  fifty  cents,  twenty- 
five  cents,  twenty  cents,  ten  cents  and  five  cents,  and  also  the 
ordinance  of  the  Convention,  ratified  December  1,  1861,  di- 
recting the  issue  of  three  millions  of  dollars  of  Treasury  notes, 
and  the  ordinance  to  provide  for  the  assumption  and  payment 
of  the  Confederate  tax,  as  veil  as  all  the  issues  of  Treasury 
notes  and  bonds  under  said  ad  and  ordinances,  are  hereby  rati- 
fied and  confirmed. 

11.  Be  it  further  vrduiued.  That  in  the  event  of  the  ina- 
bility of  the  Public  Treasurer  or  Comptroller  to  sign  the 
Treasury  notes  authorized  by  law  to  be  issued  as  speedily  as 
the  demands  on  the  Treasury  may  require,  then  it  shall  be 
lawful  for  either  of  them  to  employ  some  discreet  person,  by 
and  with  the  advice  and  consent  of  the  Governor,  to  sign  and 
countersign  the  said  notes,  whose  names  shall  be  published  in 
the  newspapers  in  the  city  of  Raleigh. 

12.  Be  it  further  ordained,  That  this  ordinance  may  be  re- 
pealed or  modified  by  the  General  Assembly,  but  so  as  not  to 
affect  any  transactions  had  or  rights  vested  under  the  same, 
previous  to  such  modification  or  repeal. 

Read  three  times  and  ratified  in  open  Convention  the  26th 

day  of  February,  A.  D.,  1862. 

W.  N.  EDWARDS, 
Teste :  Pres.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Ass't  Secretary. 


Hollinger  Corp. 
pH8.5 


